HomeMy WebLinkAboutItem #15 a.b. Ocoee Pines Parcels A-D - a. Annexation Ordinance, b. Rezoning Ordinance to PUDf or do
AGENDA ITEM STAFF REPOIff
Meeting Date: November 4, 2014
Item #
NAIC Reviewed By:
Contact Name: J. Antonio Fabre Department Director:
Contact Number: 407 - 905 - 3100/1019 City Manager:
Subject: Ocoee Pines Parcels A -D
Annexation and Initial Zoning
Project No(s): AX- 09 -14 -48 & RZ- 14 -09 -09
Commission District # 1 — John Groaan
Background /Summary
General Location The subject parcels are contiguous and mainly 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 "A" portion of 05- 22 -28- 6432 -00 -003 (the former row of South Park
Row), Parcel "B" portion of 05- 22 -28- 6432 -00 -005 (the former row of Jay Street), Parcel "C" 05- 22- 28 -9152-
02 -260 and Parcel "D" 05- 22 -28- 9152 -22 -280.
Physical Address: N/A
Property Size Total +/- .84 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 parcels are now owned by the
Ocoee Pines (JTD Land at Ocoee, LLC) developers and are being requested be part of the existing Ocoee
Pines PUD.
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 The Applicant /Owner 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 Citv's Comprehensive Plan, the JPA Aareement. 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 A -D?
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 PUD zoning for the Ocoee Pines Parcels A -D.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed annexation and initial PUD zoning for the
Ocoee Pines Parcels A -D 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 A -D.
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 A -D 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 `k')
Public Hearing
For Cleric's Dept Use:
X Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
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
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX- 09 -14 -48 & RZ- 14 -09 -09
APPLICANT NAME: Dewberry /Bowyer - Singleton
PROJECT NAME: OCOEE PINES PARCELS A -D 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): JTD Land at Ocoee Pines, LLC
B. Property Location
1. General Location:
The subject parcels are contiguous and located on
2. Proposed Use:
the interior to the existing Ocoee Pines PUD. The
3. Density / Intensity:
Ocoee Pines PUD is generally located northwest of
4. Projected Population:
Clarcona -Ocoee Road and southeast of Forest Lake
Golf Course.
2. Parcel Identification Numbers:
Parcel "A" portion of 05- 22 -28- 6432 -00 -003 (the
former row of South Park Row), Parcel "B" portion of
05- 22 -28- 6432 -00 -005 (the former row of Jay Street),
Parcel "C" 05- 22 -28- 9152 -02 -260 and Parcel "D" 05-
22-28- 9152 -22 -280.
3. Street Addresses:
N/A
4. Size of Parcels:
Total of +/- .84 of an acre.
C. Use Characteristics
1. Existing Use:
Vacant and Undeveloped
2. Proposed Use:
Single - Family Residential
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:
Yes
Page 1 of 3
OCOEE PINES PARCELS A -D
APPLICANT NAME: Dewberry /Bowyer - Singleton
CASE NUMBER(S): AX- 09 -14 -48 & RZ- 14 -09 -09
II. FIRE DEPARTMENT Interim Chief T. Hoover
Chief Charlie Brown
1. Estimated Response Time:
3 -5 Minutes
North Zone / Grid 78A
2. Distance to Property:
2.8 miles from Station 28 on Clarke Road
3 -5 minutes for emergencies
3. Fire Flow Requirements:
500 gpm
C
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 T ime
7 -10 minutes normal drive time
IV. ECONOMIC 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.
FV. BUILDING DEPARTMENT J. Anto Fabre, AICP
1. Within the 100 -year Flood Plain:
Ine
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
C
Sanitary Sewer
1. Utility Easement Needed:
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)
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 A -D
APPLICANT NAME: Dewberry /Bowyer - Singleton
CASE NUMBER(S): AX- 09 -14 -48 & RZ- 14 -09 -09
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 a roval 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 J. Antonio Fabre, AICP
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
parcels are now owned by the Ocoee Pines (JTD Land at Ocoee, LLC) developers and are
being requested be part of the existing Ocoee Pines PUD.
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 A -D
Location Map
i
i
eneef Cir6le
'
rconaoe e R ad I� 1_ d -- -
Ocoee Pines Parcels A -D
Future Land Use Map
P
V�nw
coe�
11.0da
Development Services
1 inch = 488.728973 feet
15075 0 150 300 450 Feet
Printed: October 2014
13 Subject Property
Unincorporated Territory
and Other Municipalities
Low Density Residential
Medium Density Residential
- High Density Residential
=Professional Offices and Services
Commercial
Light Industrial
Heavy Industrial
Conservation /Flood plains
Recreation and Open Space
Public Facilities /Institutional
Lakes and Water Bodies
v
REC
LDR
Y
nor�aa
Development Services
1 inch= 488.728973 feet
170 85 0 170 340 510 Feet
Printed: October 2014
13 Subject Property
Unincorporated Territory
M 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)
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)
Commercial (PUD)
" Low Density (PUD)
Medium Density (PUD)
4 High Density (PUD)
® Public Use (PUD)
Unclassified
Lakes and Water Bodies
Ocoee Pines Parcels A -D
Surrounding Zoning Map
R -1
A -1
a�
a Ocoee Road
ORDINANCE NO.
(Annexation Ordinance for Ocoee Pines — Parcels A through D)
TAX PARCEL ID: 05- 22 -28- 9152 -22 -280
05- 22 -28- 6432 -00 -005
05- 22 -28- 6432 -00 -003
CASE NO. AX- 09- 14 -48: OCOEE PINES — PARCELS A THROUGH D
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.84 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 0.84 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.
By:
City Attorney
day of 1 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
ORDINANCE NO.
(Rezoning Ordinance for Ocoee Pines - Parcels A through D)
TAX PARCEL ID #: 05- 22 -28- 9152 -22 -280
05- 22 -28- 6432 -00 -005
05- 22 -28- 6432 -00 -003
CASE NO. RZ- 14- 09 -09: OCOEE PINES — PARCELS A THROUGH D
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 0.84 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 0.84 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Orange County A -1 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
ORLA_1281024.1
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
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 0.84 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A -1 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. ONFLICTING ORDINANCES All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
2
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
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.
City Attorney
Under Agenda Item No.
3
EXHIBIT "A"
Legal Description
EXHIBIT `B"
Map of Area
EXHIBIT "C"
Amended Land Use Plan