HomeMy WebLinkAboutOrdinance 2006-019
ORDINANCE NO. 2006-019
(pUD Zoning Ordinance for Arden Park PUD)
CASE NO. RZ-04-08001
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REZONING FROM OCOEE R-1AA TO "PUD" ZONING,
PLANNED UNIT DEVELOPMENT DISTRICT, FOR
CERTAIN REAL PROPERTY COMPRISING
APPROXIMATELY 411.9 ACRES LOCATED ON THE
NORTH AND SOUTH SIDES OF CLARCONA-OCOEE
ROAD, WEST OF HOBSON ROAD AND EAST OF INGRAM
ROAD PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, AND THE OCOEE CITY CODE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property from Ocoee R-lAA, Single-Family Dwelling, to Ocoee "PUD", Planned Unit
Development District (the "Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said
application and determined that the Zoning requested by the Owner is consistent with the 1991 City
ofOcoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee ("PZC"); and
ORLA_ 425887.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and
has recommended to the Ocoee City Commission that it approve the Zoning and fmd it consistent
with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission 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 vm of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2.
Zoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 411.9 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-1AA,
Single Family Dwelling, to Ocoee "PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
ORLA_ 425887.1
-2-
SECTION 4.
Land Use Plan. The following Land Use Plan for the Property is
hereby approved subject to the Conditions of Approval and Waivers from the Ocoee Land
Development Code set forth thereon:
That certain P.U.D. Land Use Plan for Arden Park Planned Unit
Development prepared by Canin Associates Inc., date stamped
received by the City on October 27, 2006 with such additional
revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the
same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zonin~ Map. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article
V of Chapter 180 of the Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan Consistency. The Ocoee City
Commission hereby fmds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8.
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.
ORLA_ 425887.1
-3-
SECTION 9. Effective Date. This Ordinance shall become effective upon
passage and adoption.
PASSED AND ADOPTED this 2.\ day of November, 2006
ATTEST:
~&OA~_
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved M and legality this ~
day of , 20~.
::LEYpj~frdJ
City Attorney
ORLA_ 425887.1
APPROVED:
CITY OF OCOEE, FLORIDA
~;5'~ CL~,4
S. Scott Vandergrift, Mayor\
ADVERTISED No'J. q 1 ,2006
READ FIRST TIME ~O~ . 1 ,2006
READ SECOND TIME AND ADOPTED
No~. 2\ ,2006
UNDERAGtNDA ITEM NO. A~
-4-
EXHIBIT" A"
LEGAL DESCRIPTION:
PARCEL 1
Lots 1, 2 and 3, EMMA A STIEFF SUBDIVISION, according to the plat thereof, as recorded in
Plat Book G, Page 106, Public Records of Orange County, Florida, less County road right-of-
way.
AND
Begin 13.80 chains East of Southwest corner of Northwest %, Section 4, Township 22 South,
Range 28 East, run North 25.31 chains, thence Easterly in center of Orange Belt Railroad
19.68 chains, thence South 26.38 chains, thence East 6.42 chains, thence North 40 chains,
thence West 40 chains, thence South 40 chains, East 13.80 chains, less railroad right-of-way
and less county road right-of-way.
AND
Beginning at a point in the center of AC.L. Railroad Right-of-way, 910.8 feet East and 978.27
feet, more or less South of the Northwest corner of Section 4, Township 22 South, Range 28
East, run thence South 1606.07 feet, more or less, to the South line of the Northwest % of said
Section 4, thence East 517.8 feet, more or less, to the Southwest corner of Lot 3, of EMMA A
STIEFF SUBDIVISION, according to the plat thereof, as recorded in Plat Book G, Page 106, of
the Public Records of Orange County, Florida, thence North along the West line of said lot to
the center line of the AC.L. Railroad right-of-way, thence Westerly along the center line of said
railroad to the POINT OF BEGINNING.
AND
The South % of the Southeast % of the Southwest % of Section 33, Township 21 South, Range
28 East, less East 30 feet for road right-of-way, Orange County, Florida.
AND
The North % of the Southeast % of the Southwest % of Section 33, Township 21 South, Range
28 East, less the East 30 feet for road right-of-way, Orange County, Florida.
ORLA_ 425887.1
-5-
AND
The Northeast 'X of the Southwest 'X of Section 33, Township 21 South, Range 28 East,
Orange County, Florida.
AND
The Northeast 'X of the Southeast 'X and the North 130 feet of the Southeast 'X of the
Southeast 'X of Section 32, Township 21 South, Range 28 East, Orange County, Florida, less
the West 30 feet for road right-of-way.
AND
The Northwest 'X of the Southwest 'X and the North 130 feet of the Southwest 'X of the
Southwest 'X of Section 33, Township 21 South, Range 28 East, Orange County, Florida.
PARCEL 2
The Southeast 'X of the Southeast 'X of Section 32, Township 21 South, Range 28 East, and
the Southwest 'X of the Southwest 'X of Section 33, Township 21 South, Range 28 East (less
528 feet off the South side of both sections and less 130 feet of the North side of both sections)
Orange County, Florida.
AND
The south 528 feet of the Southeast 'X of the Southeast 'X of Section 32, Township 21 South,
Range 28 East, and the South 528 feet of the Southwest 'X of the Southwest 'X of Section 33,
Township 21 South, Range 28 East, Orange County, Florida.
All being more particularly described as follows:
PARCEL 1
A portion of land lying in Section 4, Township 22 South, Range 28 East, Orange County,
Florida, including part of Lots 1, 2 and 3, EMMA A STIEFF SUBDIVISION, according to the plat
thereof as recorded in Plat Book "G", Page 106 of the Public Records of Orange County,
Florida.
Being more particularly described as follows:
Commence at the North 'X corner of said Section 4; thence run South 01027'07" West along the
East line of the Northwest 'X of Said Section 4 for a distance of 847.14 feet to the POINT OF
BEGINNING; thence continuing along said East line run South 01027'07" West for a distance of
1839.23 feet to the center of said Section 4, also being a point on the South line of the
Northwest 'X of said Section 4; thence departing said East line run South 89020'41" West along
ORLA_ 425887.1
-6-
said South line, for a distance of 2651.43 feet to a point on the Easterly right-of-way line of
Clarcona-Ocoee Road; thence departing said South line run North 02044'31" East along said
Easterly right-of-way line for a distance of 1367.98 feet to a point of curvature of a curve
concave Southeasterly and having a radius of 150.46; thence departing said Easterly right-of-
way line run Northeasterly along said curve through a central angle of 70046'57" for an arc
distance of 185.88 feet to a point of tangency also being a point on the Southerly right-of-way
line of West Orange Trail I Clarcona-Ocoee Road; thence continuing along said Southerly right-
of-way line run North 73031'28" East for a distance of 210.06 feet to a point of curvature of a
curve concave Southerly and having a radius of 1824.86 feet; thence run Easterly along said
curve through a central angle of 16021'26" for an arc distance of 520.89 feet to a point of
tangency; thence run North 89052'44" East for a distance of 885.73 feet to a point of curvature
of a curve concave Northerly and having a radius of 1994.82 feet; thence run Easterly along
said curve through a central angle of 27010'22" for an arc distance of 946.05 feet to a point of
compound curvature of a curve concave Northerly and having a radius of 1722.16 feet; thence
run Easterly along the arc of said curve through a central angle of 00030'15" for an arc distance
of 15.15 feet to aforesaid POINT OF BEGINNING.
PARCEL 2
DESCRIPTION
That part of Section 32 and 33, Township 21 South, Range 28 East, and That part of Section 4,
Township 22 South, Range 28 East, Orange County, Florida, described as follows:
Commence at the North % corner of said Section 4; thence run S89033'56"W along the North
line of the Northwest % of said Section 4 for a distance of 30.00 feet to a point on the West
right-of-way line of Hobson Road and the POINT OF BEGINNING; thence run the following two
(2) courses and distances along the West right-of-way line of Hobson Road, as shown on the
Orange County Right-of-way Plans, Project No. Y9-821: S89033'56"W, 2.31 feet; thence run
SOo026"55"W for a distance of 730.48 feet to the Northerly right-of-way line of West Orange
Trail Clarcona-Ocoee Road; thence run the following courses and distances along said
Northerly right-of-way line from a non-tangent curve concave Northwesterly having a radius of
1612.16 feet and a chord bearing of S61045'06"W; thence run Southwesterly along the arc of
said curve through a central angle of 01054'32" for a distance of 53.71 feet to the point of
compound curvature of a curve concave Northwesterly having a radius of 1884.82 feet and a
chord bearing of S76017'33"W; thence run Southwesterly along the arc of said curve through a
central angle of 27010'22" for a distance of 893.88 feet to the point of tangency; thence run
S89052'44"W for a distance of 236.97 feet; thence run NOoo07'16"W for a distance of 5.000
feet; thence run S89052'44" W for a distance of 648.76 feet to the point of curvature of a curve
concave Southeasterly having a radius of 1939.86 feet and a chord bearing of S81042'06"W;
thence run Southwesterly along the arc of said curve through a central angle of 16021' 16" for a
distance of 553.71 feet to a non-tangent line; thence run S16028'32"E for a distance of 5.00
feet; thence run S73031 '28"W for a distance of 197.11 feet; thence leaving said Northerly right-
of-way line run S16028'32"E for a distance of 50.00 feet; thence run S73031'28"W for a distance
of 34.04 feet to a non-tangent curve concave Southeasterly having a radius of 210.45 feet and
ORLA_ 425887.1
-7-
a chord bearing of S64023'15"W; thence run Southwesterly along the arc of said curve through
a central angle of 18059'57" for a distance of 69.79 feet to a non-tangent curve concave
Westerly having a radius of 110.00 feet and a chord bearing of N21043'20"W; thence run
Northerly along the arc of said curve through a central angle of 49025"49" for a distance of
94.90 feet to the point of tangency; thence run N46026'15"W for a distance of 15.58 feet to a
point on the West line of Northwest % of said Section 4; thence run N02033'07"E along said
West line for a distance of 1 075.64 feet to the Northwest corner of said Section 4; thence run
N85036'19"W along the south line of the Southeast % of Section 32 for a distance of 1283.57
feet to a non-tangent curve concave Easterly having a radius of 90.00 feet and a chord bearing
of N19032'25"W; thence run Northerly along the arc of said curve and the East right-of-way line
of Ingram Road, through a central angle of 36057'14" for a distance of 58.05 feet to the point of
tangency; thence run NOo012'OO"W along said East right-of-way line for a distance of 2707.35
feet to a point on the North line of the Southeast % of said Section 32; thence run N89029'27"E
along said North line for a distance of 1287.35 feet to the East % corner of said Section 32;
thence run S89017'49"E along the North line of the Southwest % of said Section 33 for a
distance of 2668.50 feet to the Northeast corner of the Southwest % of said Section 33; thence
run SOoo04'29"W along the West line of TROUT LAKE CAMPS, according to the plot thereof,
as recorded in Plat Book K, Page 95, of the Public Records of Orange County, Florida, and the
East line of the Southwest % of said Section 33 and a projection thereof for a distance of
1409.06 feet to the Northeast corner of the Southeast % of the Southwest % of said Section 33;
thence run N89051'47"W along the North line of the Southeast % of the Southwest % of said
Section 33 and the North right-of-way line of Hobson Road for a distance of 30.00 feet; thence
leaving said North line run SOoo04'29"W along the West right-of-way line of Hobson Road for a
distance of 1409.36 feet to the POINT OF BEGINNING.
TOGETHER WITH EASEMENT AS SET OUT IN OFFICIAL RECORDS BOOK 5004, PAGE
3955, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
ORLA_ 425887.1
-8-
EXHIBIT "B"
Arden Park
Location Map
e
ORLA_ 425887.1
LAKE SIMS
-9-
--,
TROUT LAKE
, I
LAKE MENJOW
ORLA_ 425887.1
EXHIBIT "C"
See attached Arden Park PUD Land Use Plan date stamped October 27,2006.
-10-