2016-012 Oak Trail Reserve PUD/LUP - Substantial AmendmentDOC # 20190599543
09/26/2019 08:14 AM Page 1 of 9
-Rec ee:
Deed Doc Tax: $0.00 1
Mortgage Doc Tax: $0.00
Intangible Tax: $0.00
Phil Diamond, Comptroller
Orange County, FL
Ret To: CSC INC
ORDINANCE NO.2016-012
(SUBSTANTIAL AMENDMENT TO OAK TRAIL RESERVE PUD LAND USE PLAN)
TAX PARCEL ID: 04-22-28-0000-00-013
33-21-28-0000-00-021
33-21-28-0000-00-022
CASE NO. RZ-16-07-04: OAK TRAIL RESERVE PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE
OAK TRAIL RESERVE PUD ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 38.62 ACRES LOCATED ON THE
NORTHEAST CORNER OF CLARKE ROAD AND CLARCONA OCOEE
ROAD AND HOBSON ROAD SOUTH OF TROUT LAKE ROAD,
PURSUANT TO AN APPLICATION OF THE PROPERTY OWNER;
AMENDING THE OAK TRAIL RESERVE PUD LAND USE PLAN BY
ADDING ADDITIONAL LOTS TO THE PUD, INCREASING THE
NUMBER OF 40 FOOT WIDE LOTS, DECREASING THE NUMBER OF
50 FOOT WIDE LOTS, AND INCREASING THE OPEN SPACE
ACREAGE; 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 described in Exhibit "A" attached
hereto and by this reference made a part hereof, has petitioned the City Commission of the City
of Ocoee, Florida (the "Ocoee City Commission") to approve a substantial amendment (the
"Amendment") to the Oak Trail Reserve PUD Land Use Plan, as approved by the City
Commission of the City of Ocoee on April 19, 2016 (the "Land Use Plan"); and
WHEREAS, the Amendment proposes to increase the number of total lots from 126 to
134, reduce the number of 50 foot by 120 foot units from 101 to 35, increase the number of 40
foot wide units from 25 units to 99 units, change the 40 foot lots from rear loaded to front loaded
units, and increase open space from 11.19 acres to 12.22 acres within the development; and
WHEREAS, the Amendment was scheduled for study and recommendation and was
reviewed by the Development Review Committee ("DRC") on August 2, 2016; and
WHEREAS, the DRC recommended approval of said Amendment; and
WHEREAS, the Amendment was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee (the "Planning and Zoning
Commission"); and
WHEREAS, on August 9, 2016, the Planning and Zoning Commission held an
advertised public hearing on the Application and recommended approval of the Amendment; and
20190599543 Page 2 of 9
WHEREAS, on September 20, 2016, the City Commission of the City of Ocoee held a
de novo advertised public hearing with respect to the proposed Amendment and this Ordinance
and determined that the Amendment and this Ordinance are consistent with the City of Ocoee
Comprehensive Plan, as set forth in Ordinance #91-28, adopted September 18, 1991, as
amended; and
WHEREAS, the City Commission of the City of Ocoee considered this Ordinance in
accordance with the procedures set forth in Section 166.041, 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 VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. Amendment to the Land Use Plan. The Amendment to the PUD Land
Use Plan, prepared by IBI Group (Florida) Inc., date stamped received by the City on August 3,
2016, 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 same, is hereby approved, subject to the
Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached
hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan
supersedes and replaces the previously approved Land Use Plan for the Oak Trail Reserve PUD.
All references to the Land Use Plan or the Amended Land Use Plan for the Oak Trail Reserve
PUD shall hereafter refer to the attached Amended Land Use Plan.
SECTION 3. Conditions of Approval. The property described in Exhibit "A" hereto
shall be developed in accordance with and subject to the Conditions of Approval set forth in the
Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any
conflict between the Oak Trail Reserve Land Use Plan referenced in Section 2, above, and the
Conditions of Approval, the Conditions of Approval shall control.
SECTION 4. Ocoee Comprehensive Plan. The City Commission of the City of Ocoee
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
or inconsistent 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.
20190599543 Page 3 of 9
PASSED AND ADOPTED this�r day of s�p��mb,/G , 2016.
ATTEST:
Melanie Sibbitt, City Clerk
r (SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this 7x� day of jSni ; , , 2016.
SHUFFIELD LOWMAN & WILSr'IN, P.A.
By. ,r
Qit ttorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johns n, or
ADVERTISED Jgp&mb,gr 2016,
READ FIRST TIME,-j�0,&t,,, ,. („ , 2016.
READ SECOND TIME AND ADOPTED
2016.
Under Agenda Item No. I—
20190599543 Page 4 of 9
EXHIBIT "A"
Legal Description
A tract of land lying in Section 33, Township 21 South, Range 28 East, and Section 04, Township 22 South,
Range 28 East, Orange County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the Southeast 1/4 of Section 33, Township 21 South, Range 28
East, Orange County, Florida and run North 00005'11" East along the West line of the Southeast 1/4 of said
Section 33 for a distance of 594.20 feet; thence North 67040'37" East, a distance of 32.46 feet to the
POINT OF BEGINNING; thence North 00005'11" East, a distance of 787.49 feet; thence South 89039'15"
East, a distance of 1,296.90 feet; thence South 00010'58" West, a distance of 182.76 feet to a point on a
non -tangent curve concave southeasterly having a tangent bearing of South 44052'59" West and a radius
of 1,303.24 feet; thence run southwesterly along the arc of said curve through a central angle of 23045'14"
for a distance of 540.30 feet; thence South 21 °07'45" West, a distance of 175.70 feet to a Point of
Curvature of a curve concave northwesterly having a radius of 2,834.79 feet; thence run southwesterly
along the arc of said curve through a central angle of 09°12'52" for a distance of 455.90 feet; thence South
59039'23" East, a distance of 5.00 feet to a point on a non -tangent curve concave northwesterly having a
tangent bearing of South 30020'37" West and a radius of 2,839.79 feet; thence run southwesterly along the
arc of said curve through a central angle of 04012'08" for a distance of 208.28 feet; thence South 34032'45"
West, a distance of 290.02 feet to the Point of Curvature of a curve concave northwesterly having a radius
of 1,612.02 feet; thence run southwesterly along the arc of said curve through a central angle of 01021'53"
for a distance of 38.40 feet; thence departing said curve and run South 55053'39" West, a distance of
209.54 feet; thence North 22056'36" West, a distance of 507.34 feet to a Point of Curvature of a curve
concave easterly having a radius of 1,000.00 feet; thence run northerly along the arc of said curve through
a central angle of 23001'47" for a distance of 401.94 feet; thence North 00005'11" East, a distance of
134.54 feet to the POINT OF BEGINNING.
Containing 33.939 Acres, more or less.
20190599543 Page 5 of 9
EXHIBIT "B"
LAND USE PLAN
[ATTACH AMENDED LAND USE PLAN]
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