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Home My WebLink About2018-032 Greens at Forest Lake PUD - RezoningDOC # 20180714335 12/11/2018 10:57 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller ORDINANCE NO. 2018-032 orange county, FL (Rezoning Ordinance for Greens at Forest Lake PUD) Ret To: CSC INC TAX PARCEL ID: 05-22-28-000-00-016, 05-22-28-000-00-017 & 05-22-28-000-00-043 CASE NO. RZ-18-03-05: Greens at Forest Lake PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE A-1 TO OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-29.17 ACRES LOCATED. ON THE NORTH SIDE OF WEST ROAD, AND ON THE WEST SIDE OF SR 429 EXPRESSWAY, 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 (the "Applicant") 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 (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately +/-29.17 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee A-1 to Ocoee PUD (Planned Unit Development); 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 City Development Services Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, 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 July 10, 2018, 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 20180714335 Page 2 of 5 Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and WHEREAS, on December 4, 2018, 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 +/-29.17 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee 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. 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 4. 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 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. 2 20180714335 Page 3 of 5 lJ% PASSED AND ADOPTED this '-/'day o 2018. ATTEST: Cay C eik' <* (�JEA lilt, 4, FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 4)" day of JES.,,. , 2018. � 01 , R0391- 0 3 APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnso , Maj &or -- ADVERTISED &&Zr,2h � OR 42ar READ FIRST TIME 4wj - C:,?/ 2018. READ SECOND TIME (fND ADOPTED c22C ernbel- 41 2018. Under Agenda Item No. Z-5— (Ordinance No. 2018-032) 20180714335 Page 4 of 5 EXHIBIT "A" Legal Description PARCEL 1: A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 5; thence run N84°37'17"E along the North line of said Section 5, a distance of 1328.51 feet to the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 5; thence run S02°44'11W, along the East line of the West 1/2 of the Northwest 1/4 of said Section 5, a distance of 1347.69 feet for the POINT OF BEGINNING; thence continue 502'44'11"W, along the East line of the West 1/2 of the Northwest 1/4 of said Section 5, distance of 527.57 feet to a point on a curve, concave Northwesterly, having a radius of 1759.86 feet and a central angle of 32°51'50"; thence departing the East line of the West 1/2 of the Northwest 1/4 of said Section 5, from a tangent bearing of S27°35'43"W run Southwesterly along the arc of said curve, a distance of 1009.43 feet to a point on said curve; thence departing said curve run 573'33'19"W 32.14 feet to the West line of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 5; thence NO3°24'25"E along the West line of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 5, a distance of 1233.83 feet to the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 5; thence run N88°16'38"E along the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 5, a distance of 674.96 feet to the POINT OF BEGINNING. PARCEL 2: The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, lying northerly of the Western Beltway, Less and Except: Beginning at a point 30 feet North of the Southwest corner of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, proceed North 89'16'00" East 400 feet, thence North 550 feet, thence Westerly 400 feet, thence Southerly 558 feet along the West line to the Point of Beginning. PARCEL 3: Beginning at a point 30 feet North of the Southwest corner of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, proceed North 89`16'00" East 400 feet, thence North 550 feet, thence Westerly 400 feet, thence Southerly 558 feet along the West line to the Point of Beginning. 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