2014-006 Spring Lake Reserve - RezoningORDINANCE NO. 2014-006
(Rezoning Ordinance for Spring Lake Reserve)
TAX PARCEL ID #: 09- 22 -28- 0000 -00 -038
09- 22- 28- 0000 -00 -001
DOCO 20140102800 B: 10708 P: 8762
02/26/2014 10:21:15 AM Page 1 of 16
Rec Fee: $137.50
Martha 0. Haynie, Comptroller
Orange Count y FL
MB - Ret To: UCOEE
1111 RDA U11 DIDIIIIIIII III
CASE NO. RZ- 13- 11 -09: SPRING LAKE RESERVE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R -3, MULTIPLE -
FAMILY DWELLING DISTRICT, TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 43.21 ACRES LOCATED ON THE SOUTH SIDE OF
A.D. MIMS ROAD, 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 SF.VERABILITY; 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 43.21 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee R -3, Multiple - Family Dwelling District, 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 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 #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 January 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
ORLA_1281024.1
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
WHEREAS, on e ' `i$he 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 43.21 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -3,
Multiple - Family Dwelling District District, 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 Exh ibit . _ " 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 Land Use Plan for Spring Lake Reserve PUD prepared by IBI Group
(Florida) Inc., date stamped received by the City on December 13, 2013, 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.
P
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 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 h day of C
.. jy J , 20 �4.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
e Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of __�_I?> 20:
SHUFFIELD LOWMAN &WILSON P.A.
*i ttor►
S. Scott Vandergrift, Mayor
ADVERTISED , 201�
READ FIRST TIME
READ SECOND TIME AND AfJOPTED
t
20
Under A gerida Item No.
3
EXHIBIT "A"
(The "Property ")
Begin at the Southwest Corner of the Southeast 1 /4 of the Southwest 1 /4 of Said Section
9; Thence Run N89 °56'35 "E Along the South Line of Said Section 9, a Distance of 482.31
Feet; Thence Run N40 °45'48 "E, 1322.09 Feet to a Point on the East Line of the Southwest
1/4 of Said Section 9; Thence Run N01 °15'30 "W Along Said East Line a Distance of
880.33 Feet to the South Right -Of -Way Line of the A.D. Mims Road, Said Right -Of -Way
Line Being Described in Official Records Book 1204, Page 172 of the Public Records of
Orange County, Florida; Thence Run S75 °28'32 "W Along Said Right -Of -Way Line a
Distance of 1389.78 Feet to the West Line of the East 1 /2 of the Southwest 1 /4 of Said
Section 9; Thence Run S00 °42'58 "E Along Said West Line a Distance of 1536.90 Feet to
the Point of Beginning.
4
EXHIBIT "B"
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