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HomeMy WebLinkAboutItem #14 a.b. Ocoee Pines Parcels E-F - a. Annexation Ordinance, b. Rezoning Ordinance to PUDAGENDA ITEM STAFF REPORT Meeting Date: November 4, 2014 Item # ! � 6 ,1 , 1, �Z eviewed ey. Contact Name: J. Antonio Fabre, AI Department Director: Contact Number: 407 - 905 - 3100/1019 City Manager: Subject: City of Ocoee -Ocoee Pines Parcels E & F Ir Annexation and Initial Zoning Project No(s): AX -09 -14-49 & RZ- 14 -09 -10 Commission District # 1 — John Groaan Background /Summary General Location The subject parcels are contiguous and located on the interior to the existing Ocoee Pines PUD. The Ocoee Pines PUD is generally located northwest of Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. Parcel Identification Number(s) Parcel "E" 05- 22 -28- 9152 -26 -470 and Parcel "F" 05- 22 -28- 9152 -09 -010. Physical Address N/A Property Size Total +/- .22 of an acre. Actual land use, proposed land use and unique features of the subject property The subject parcels are vacant and undeveloped. The subject land parcels are remnants of a historic (circa 1920s) residential subdivision that was never developed. In 2006, the surrounding property was re- platted as "Ocoee Pines" and annexed into the City of Ocoee. The subject parcels were not included as part of the Ocoee Pines annexation completed in 2006 because of lack of ownership at that time. The subject two (2) parcels are now owned by the Ocoee of Ocoee through eminent domain. The parcels are planned to be incorporated into the Ocoee Pines PUD with the stipulation to be used (right -of -way, recreation, public facility, et. al.) for a public purpose. The future land use & requested initial zoning classification of the subject property CURRENT PROPOSED Jurisdiction /Future Land Orange County / JPA Low Density City of Ocoee / Low Density Use -Joint Planning Area Residential Residential Land Use Classification (@ Less than 4 dwelling units /acre) Less than 4 dwelling units /acre Jurisdiction /Zoning Orange County / "A -1" City of Ocoee / "PUD" Classification (Agriculture) (Ocoee Pines) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North, South, East and West City of Ocoee / Low Density Residential City of Ocoee / "PUD" (Ocoee Pines) CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on adjacent boundaries. Joint Planning Area Agreement The subject property is located within the Ocoee - Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13 -A of the City of Ocoee - Orange County Joint Planning Area Agreement. Rezoning City staff has requested a City of Ocoee zoning designation of PUD (Planned Unit Development), which is consistent with the zoning of adjacent properties. The PUD designation is consistent with the adopted future land use designation of Low Density Residential, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map. Comprehensive Plan The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the Citv's Annexation Policv...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report (See attached) Because the property is part of an enclave in the City it already benefits from City Fire Rescue services via a joint "First Responder" Agreement with Orange County. Summary The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. Issue Should the Honorable Mayor and Commissioners approve the Annexation ordinance and initial PUD Zoning ordinance for Ocoee Pines Parcels E & F? Development Review Committee Recommendation: On October 8, 2014, the DRC met to determine if the proposed annexation and initial zoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and initial zoning for the City of Ocoee -Ocoee Pines Parcels E & F. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed annexation and initial PUD zoning for the Ocoee Pines Parcels E & F on October 14, 2014. City Staff presented a brief summary for the requested annexation and initial PUD zoning for the remnant parcels of Ocoee Pines. City Staff answered several questions regarding the locations and future use of the remnant parcels. 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 Annexation and initial PUD Zoning for the Ocoee Pines Parcels E & F. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the Annexation ordinance of the parcels of land known as Ocoee Pines Parcels E & F with an Initial Zoning classification ordinance of "PUD ". Attachments Annexation Feasibility Analysis; Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map; Aerial Map; Annexation Ordinance; Rezoning Ordinance. Financial Impact None Type of Item : ( please mark with an z') Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Cleric's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER(S): AX- 09 -14 -49 & RZ- 14 -09 -10 APPLICANT NAME: CITY OF OCOEE PROJECT NAME: OCOEE PINES PARCELS E &F ANNEXATION AND REZONING This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. PLANNING DEPARTMENT J. Antonio Fabre, AICP A. Applicant/Owner 1. Owner (if different from Applicant): City of Ocoee B. Property Location 1. General Location: The subject parcels are contiguous and located on Public Purpose for a Residential PUD 3. Density / Intensity: the interior to the existing Ocoee Pines PUD. The 4. Projected Population: 843 Ocoee Pines PUD is generally located northwest of Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. 2. Parcel Identification Numbers: Parcel "E" 05- 22 -28- 9152 -26 -470 and Parcel °F" 05- 22-28- 9152 -09 -010. 3. Street Addresses: N/A 4. Size of Parcels: Total of +/- .22 of an acre. C. Use Characteristics 1. Existing Use: Vacant and Undeveloped 2. Proposed Use: Public Purpose for a Residential PUD 3. Density / Intensity: Ocoee Pine PUD (not to exceed 4 dwelling units /acre) 4. Projected Population: 843 D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: A -1 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: PUD E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: I Yes I FIRE DEPARTMENT Interim Chief T. Hoover 1. Estimated Response Time: 3 -5 Minutes 2. Distance to Property: 2.8 miles from Station 28 on Clarke Road 3. Fire Flow Requirements: 500 gpm Page 1 of 3 OCOEE PINES PARCELS E &F APPLICANT NAME: CITY OF OCOEE AX- 09 -14 -49 & RZ- 14 -09 -10 POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone / Grid / Area: North Zone / Grid 78A 2. Estimated Response Time: 3 -5 minutes for emergencies 3. Distance to Property: Approx. 2.5 miles. 4. Average Travel Time 7 -10 minutes normal drive time CONOMIC VALUE J. Antonio Fabre, AICP 1. Property Appraiser Taxable Value: Unknown, due to the assemblage of parcels. 2. Property Appraiser Just Value Same as above. 3. Estimated City Ad Valorem Taxes: Same as above. 4. Anticipated Licenses & Permits: Same as above. 5. Potential Impact Fees: Same as above. 6. Total Project Revenues: Same as above. V. BUILDING DEPARTMENT J. Antonio Fabre, AICP 1. Within the 100 -vear Flood Plain: No VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. 1. In Ocoee Service Area: Yes 2. 2. City Capable of Serving Area: Yes 3. 3. Extension Needed: Yes (Ocoee Pines PUD) 4. 4. Location and Size of Nearest Water Main: Per Ocoee Pines PUD Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes (Ocoee Pines PUD) 4. Location and Size of Nearest Force Main: Per Ocoee Pines PUD 5. Annexation Agreement Needed: Yes (Ocoee Pines PUD) C. Other 1. Utility Easement Needed: Yes (Ocoee Pines PUD) 2. Private Lift Station Needed: Yes (Ocoee Pines PUD) 3. Well Protection Area Needed: No Page 2 of 3 OCOEE PINES PARCELS E &F APPLICANT NAME: CITY OF OCOEE AX- 09 -14 -49 & RZ- 14 -09 -10 VII. TRANSPORTATION J. Antonio Fabre, AICP 1. Paved Access: Yes (Ocoee Pines PUD) 2. ROW Dedication: Yes (Ocoee Pines PUD) 3. Traffic Study: Yes (Ocoee Pines PUD) 4. Traffic Analysis Zone: 543 VIII PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP At this time, adequate transportation capacity exists; however, this condition A. Transportation: may change and will be subject to a concurrency evaluation during the subdivision plan approval process. At this time, adequate park /recreation capacity exists; however, this condition B. Parks / Recreation: may change and will be subject to a concurrency evaluation during the subdivision plan approval process. At this time, adequate water and sewer capacity exists; however, this C. Water/ Sewer: condition may change and will be the subject to a concurrency evaluation during the subdivision plan approval process. The applicant will be required to handle the stormwater on -site, according to D. Stormwater: the City Code and the regulations of the St. John's River Water Management District. At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be the subject to a concurrency evaluation during the site plan appr oval process. Actual impact fees will be calculated during issuance of a Building Permit. F. Impact Fees: Per the Interlocal Agreement between OCPS and the City of Ocoee, and G. Public School applicable FL Statutes; the applicant will be required to obtain a School Concurrency Certificate prior to the approval of a Preliminary Plat or Functional Equivalent. IX. SITE SPECIFIC ISSUES All Departments The subject parcels are vacant and undeveloped. The subject land parcels are remnants of a historic (circa 1920s) residential subdivision that was never developed. In 2006, the surrounding property was re- platted as "Ocoee Pines" and annexed into the City of Ocoee. The subject parcels were not included as part of the Ocoee Pines annexation completed in 2006 because of lack of ownership at that time. The subject two (2) parcels are now owned by the Ocoee of Ocoee through eminent domain. The parcels are planned to be incorporated into the Ocoee Pines PUD with the stipulation to be used (right -of -way, recreation, public facility, et. al.) for a public purpose. X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 Ocoee Pines Parcels E &F Location Map v South Park Row N Ocoee Pines Parcels E & F Future Land Use Map t I Florida Development Services 1 inch = 488.728973 feet i 15075 0 150 300 450 Feet % Printed: October 2014 13 Subject Property Unincorporated Territory ® and Other Municipalties Low Density Residential Medium Density Residential High Density Residential Professional Offices and Services Commercial Light Industrial Heavy Industrial Conservation /Floodplains Recreation and Open Space Public Facilities /Institutional Lakes and Water Bodies REC LDR Q 19 t OCOPC> fiorida Development Services 1 inch= 488.728973 feet 170 85 0 170 340 510 Feet Printed: October 2014 13 Subject Property Unincorporated Territory ® and Other Municipalties Zoning Classification: General Agricultural (A -1) Suburban (A -2) Single - Family Dwelling (R -1AAA) Single - Family Dwelling (R -1AA) Single - Family Dwelling (R -1A) Single - Family Dwelling (R -1) One- & Two - Family Dwelling (R -2) ® Multiple - Family Dwelling (R -3) Mobile Home Subdivision (RT -1) _' ?ry Professional Offices & Services (P -S) Neighborhood Shopping (C -1) - Community Commercial (C -2) =General Commercial (C -3) Restricted Manufacturing & Warehousing (1 -1) =General Industrial (1 -2) {r; Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) %// Unclassified Lakes and Water Bodies Ocoee Pine Parcels E & F Surrounding Zoning Map ra i -1 A >ff� �: Jr: _'rf::: 3�'•: _ - � #���3 � :fir: �3�•. - ��������:��::�: =:� _�;.�# . ,, 1: A -1 j v ...1 ... i off, _ co L � a.+ CO U CO) y S Clarcona Ocoee Road Lake Mbadcw R ad R 1 — —� — ORDINANCE NO. (Annexation Ordinance for Ocoee Pines — Parcels E and F) TAX PARCEL ID: 28- 22- 05- 9152 -26 -470 28- 22 -05- 9152 -09 -010 CASE NO. : OCOEE PINES — PARCELS E AND F AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.22 ACRES CONSISTING OF SEVERAL TRACTS LOCATED NORTHWEST AND SOUTHEAST OF CLARCONA - OCOEE ROAD, EAST OF THE FOREST LAKE GOLF COURSE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to annex approximately 0.22 acres of property, as more particularly described in Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5 -9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which agreement has from time to time been amended by Orange County and the City of Ocoee (the "JPA Agreement ") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with -1- the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 6. CORPORATE LIMITS The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. LIABILITY The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of -2- taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. 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 10. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the effective date. -3- 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. . 03 City Attorney day of , 2014. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED AND READ FIRST TIME , 2014 READ SECOND TIME AND ADOPTED .UNDER AGENDA ITEM NO. -4- EXHIBIT "A" Legal Description -5- EXHIBIT "B" Map of Annexed Area -6- ORDINANCE NO. (Rezoning Ordinance for Ocoee Pines - Parcels E and F) TAX PARCEL ID #: 28- 22- 05- 9152 -26 -470 28- 22- 05- 9152 -09 -010 CASE NO. : OCOEE PINES — PARCELS E AND F AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1 TO OCOEE PUD ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.22 ACRES CONSISTING OF SEVERAL TRACTS LOCATED NORTHWEST AND SOUTHEAST OF CLARCONA - OCOEE ROAD, EAST OF THE FOREST LAKE GOLF COURSE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant') of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to rezone said real property (the "Rezoning "); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 0.22 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A -I to Ocoee PUD; and WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance 491 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission "); and WHEREAS, on October 14, 2014, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and ORLA_1281024.1 WHEREAS, on the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 0.22 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -I to Ocoee PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. LAND USE PLAN The following Land Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon: That certain Amended Land Use Plan for Ocoee Pines PUD 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 the same. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 4. COMPREHENSIVE PLAN The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 5. ZONING MAP The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 2 competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of ATTEST: Beth Eikenberry, City Clerk (SEAL) 2014. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2014 READ FIRST TIME , 2014. READ SECOND TIME AND ADOPTED 2014. 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. li City Attorney Under Agenda Item No. 3 EXHIBIT "A" Legal Description EXHIBIT `B" Map of Area EXHIBIT "C" Amended Land Use Plan