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Ordinance 2007-018 Ocoee Pines PUD Zoning 111111111" III " 11111111111111111111111 " III "11111111 ORDINANCE NO. 2007-018 (pUD Zoning Ordinance for Ocoee Pines PUD) INSTR 20070495070 OR BK 09369 PG 1635 PGS=7 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 07/27/2007 08:59:07 AM REC FEE 61.00 AR-04-08-21: OCOEE PINES AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING FROM ORANGE COUNTY "A-I" TO OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 101.66 ACRES LOCATED NORTH AND WEST OF CLARCONA-OCOEE ROAD, AND TO THE EAST OF FOREST LAKE GOLF COURSE 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; REPEALJlNG 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 Orange County "A-I" General Agriculture, 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 ofOcoee (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 Ordinancl~ 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: (the "PZC"); and ORLA_ 446441 .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 find 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. Authoritv. 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 Chapter 166, Florida Statutes. SECTION 2. Zonine:. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 101.66 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "A-I" General Agriculture, 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_ 446441.1 -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 PUD Land Use Plan for Ocoee Pines prepared by Professional Design Associates, Inc., date stamped received by the City on May 25, 2007 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 Zoninf! 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 finds 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. SECTION 9. Effective Date. This Ordinance shall become effective upon passage and adoption. ORLA_ 446441.1 -3- PASSED AND ADOPTED this ,7flday of 0~ 'f ,2007 APPROVED: 1"'1' C;.W Clerk M-e.l tllni( S ,00,1t (SEAL) CITY OF OCOEE, FLORIDA ~~ 54 {L?-h *- s. Scott Vandergrift, Mayor \" ADVERTISED ~ I ~ S- , 2007 READ FIRST TIME ~ -<. , ~ , 2007 FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED THE CITY OF OCOEE, FLORIDA-S-~ lu \7 , 2007 Approved as to form and legality this ~ UNDER AGENDA ITEM NO. l3 day of ::} U I; ,2007. FOLEY & LARDNER LLP By:~aJ>MJ City Attorney ORLA_ 446441.1 -4- EXHIBIT "A" (The "Property") Tracts C, D, E, F and G of Ocoee Pines, accordingly to the Plat thereof, as recorded in Plat Book 66, Pages 94 & 95, of the Public Records of Orange County, Florida. ALSO DESCRIBED AS: A portion of Section 5, Township 22 South, Range 28 East, Orange County, Florida, and a Replat of a portion of West Orange Park, according to the Plat thereof, as recorded in Plat Book M, Pages 1, 4 and 5 of the Public Records of Orange County, Florida, being more particularly described as follows: Commence at the South 1/4 corner of said Section 5; thence run N 00033'46" E, along the North-South center section line of said Section 5, a distance of 1417.48 feet to the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said Section 5; thence run N 00015'45" E, along the West line of said West Orange Park, a distance of 541.00 feet to the POINT OF BEGINNING; thence continue to run N 00015'45" E, along the West line, a distance of 875.64 feet; thence run N 02047'38" E, along said West line, a distance of 1381.02 feet to the North line of said West Orange Park; thence run S 87000'58" E, along said North line, a distance of 1323.24 feet; thence run S 87002'32" E, along said North line, a distance of 1328.25 feet; thence departing said North line, run S 02014'23" W, a distance of 106.50 feet; thence run S 73028'15" W, a distance of 448.75 feet; thence run S 02019'19" W, a distance of 180.78 feet; thence run S 88005'37" E, a distance of 125.05 feet; thence run S 02011 '03" W, a distance of 104.00 feet; thence run N 88005'44" W, a distance of 150.17 feet; thence run S 02014'58" W, a distance of 154.01 feet; thence run N 88005'39" W, a distance of 200.09 feet; thence run S 02015'12" W, a distance of 258.01 feet; thence run S 88005'44" E, a distance of 50.35 feet; thence run S 02014'23" W, a distance of 104.00 feet; thence run N 88005'44" W, a distance of 75.00 feet; thence run S 02014'23" W, a distance of 283.00 feet; thence run S 88005'44" E, a distance of 11.04 feet; thence run S 00010'05" W, a distance of 943.27 feet; thence run N 89008'55" W, a distance of 166.44 feet; thence run N 00011'55" E, a distance of 272.02 feet; thence run N 89008'55" W, a distance of 498.87 feet; thence run S 00017'22" W, a distance of 400.44 feet; thence run S 89047'57" W, a distance of 550.00 feet; thence run S 00017'22" W, a distance of258.00 feet to a point on the North right of way line ofClarcona-Ocoee Road; thence run S 89047'57" W, along said North right of way line, a distance of 100.00 feet; thence departing said North right of way line, run N 00017'22" E, a distance of 516.00 feet; thence run S 89047'57" W, a distance of 685.82 feet to the POINT OF BEGINNING. Less and except Lots 1 and 2, Block 9, Lots 47 and 48, Block 26 and Park Lying North of Block 6, all being in said West Orange Park. Also less and except Tract "B", Ocoee Pines, as recorded in Plat Book 66, Pages 94 and 95 of the Public Records of Orange County, Florida. Further less and except Lots 28 and 29, Block 22, West Orange Park, according to the Plat thereof as recorded in Plat Book M, Pages 1,4 and 5, Public Records of Orange County, Florida. OR LA_ 446441.1 -5- v ORLA_ 446441.1 ',i/f, Jj ifIr I i Vr ~ ~5 t: j~._ -- 'A- · / iT ITTT\ 1 .... ~~ ~ ~ ..iI -rr;;;;;r.r.-r TTTTi II T HC~ILII~~ :IE T I r D.. IJuLES EXHIBIT "B" Ocoee Pines Location Map . lr7 - .~ g hh -6- ,.. L=S ,-- I~ r r LA KE MEADOliI I tJ LAKE MEA 0 0I/lI L...- \ I \ I r I I I 1,. E MEADOliI .... F'!! '" y y L..{ T TT ~ I- '" EXHIBIT "C" [Insert Land Use Plan] ORLA_ 446441.1 -7-