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2015-008 Arden Park Community Development District (CDD)ORDINANCE NO. 2015 -008 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAMING OF THE DISTRICT; PROVIDING FOR THE LEGAL DESCRIPTION OF THE EXTERNAL BOUNDARIES OF THE DISTRICT; PROVIDING FOR THE DESCRIPTION OF THE FUNCTIONS AND POWERS OF THE DISTRICT; PROVIDING FOR THE DESIGNATION OF THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING FOR NOTICE REQUIREMENTS AND FOR COMPLIANCE WITH ALL REMAINING SECTIONS OF CHAPTER 190, FLORIDA STATUTES, AND ALL OTHER APPLICABLE LAWS AND ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the "Uniform Community Development Act of 1980 ", Chapter 190, Florida Statutes (hereinafter referred to as the "Act "), sets forth the exclusive and uniform method for establishing a community development district; and WHEREAS, Section 190.005(2) of the Act requires that a Petition for the Establishment of a Community Development District of less than 1,000 acres be filed by the Petitioner with the City Commission of the municipality having jurisdiction over the majority of land in the area in which the district is to be located; and WHEREAS, Section 190.005(1)(a) of the Act requires that such petition contain certain information to be considered at a public hearing before the City Commission of the City of Ocoee, Florida ( "Commission "); and WHEREAS, Standard Pacific of Florida, a general partnership ( "Petitioner "), having obtained written consent to the establishment of the Arden Park Community Development District (the "District ") by the owner of one - hundred percent (100 %) of the real property to be included in the District and having presented documents evidencing the control of the real property to be included in the District, has petitioned the Commission to adopt an ordinance establishing the District pursuant to Chapter 190, Florida Statutes (2014); and WHEREAS, the Petitioner is a Florida general partnership authorized to conduct business in the State of Florida, whose principal place of business is 444 West New England Ave, Suite 220, Winter Park, Florida 32789; and WHEREAS, the Petition, which is dated and which was submitted to the City of Ocoee ( "City ") on April 3, 2015, has been determined to contain the requisite information as mandated by Section 190.005(1)(a) of the Act; and WHEREAS, all interested persons and affected units of general - purpose local government will be or have been afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the City on June 2, 2015; and WHEREAS, on June 2, 2015, the Commission considered the record of the public hearing and the factors set forth in Section 190.005(1)(e) of the Act, and upon such review, has determined that granting the Petition to establish the Arden Park Community Development District is in the best interest of the City; and WHEREAS, the establishment of the District shall not act to amend any land development approvals governing the land area to be included within the District; and WHEREAS, the establishment of the District will constitute a timely, efficient, effective, responsive, and economic way to deliver community development services in the area described in the Petition; and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. The above recitals are true and correct and are incorporated herein. Section 2. 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 Chapter 166, Florida Statutes. Furthermore, this Ordinance is enacted in compliance with and pursuant to the Uniform Community Development District Act of 1980, codified in Chapter 190, Florida Statutes. Nothing contained herein shall constitute an amendment to any land development approvals for the land area included within the District. Section 3. Findings of Fact. The Commission hereby finds and determines, pursuant to Section 190.005(2) of the Act, based on the testimony and evidence presented before the City Commission, and the record established at the public hearing that: A. All statements within the Petition are true and correct. B. Establishment of the District, as defined in Section 4., below, and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the state comprehensive plan, or the City of Ocoee Comprehensive Plan; C. The area of land within the District, described in Exhibit "A ", which is attached hereto and incorporated herein, is of a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional interrelated community; D. The District is the best alternative available for delivering the community development services and facilities to the area that would be served by the District; 2 E. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and F. The area to be served by the District is amenable to separate special- district government. Section 4. Establishment and District Name. There is hereby created a community development district situated entirely within the incorporated limits of the City of Ocoee, Florida, which District shall be known as the "Arden Park Community Development District ", and which shall be referred to in this Ordinance as the "District ". Section 5. External Boundaries of the District. The external boundaries of the District are described in Exhibit "A ", and said boundaries encompass 309.38 acres, more or less. Section 6. District Powers and Functions. The powers and functions of the District are described in Chapter 190, Florida Statutes. The District shall have all powers and functions granted by the Act pursuant to Sections 190.011 and 190.012(1) and (3), Florida Statutes, as amended from time to time. In addition, consent is hereby given to the District's Board of Supervisors to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for (1) parks and facilities for indoor and outdoor recreational, cultural and educational uses; and (2) security, including but not limited to, guardhouses, fences and gates, electronic intrusion - detection systems, and patrol cars, both as authorized and described by Section 190.012(2), Florida Statutes. The District shall have all further powers to establish additional systems and facilities as specified in the remaining subsections of Section 190.012(2), Florida Statutes, so long as said improvements and each of their specifications are first approved by the City. Pursuant to Section 190.002(3), Florida Statutes, the District shall not have or exercise any zoning or development permitting powers governing land development or the use of land. Bonds to be issued by the District shall not constitute a debt, liability, or general obligation of the District, the City, the County, or of the State of Florida, or of any political subdivision thereof, but shall be payable solely from the Pledged Revenues designated for the Bonds. This Ordinance is not intended nor shall it be construed to expand, modify or delete any provisions of the Uniform Community Development District Act of 1980, as set forth in Chapter 190, Florida Statutes, nor shall it be intended to modify, restrict or expand any current prospective development or utility agreements. 3 Section 7. Board of Supervisors. The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Name: Stephen Polachek Address: 444 West New England Avenue, Suite 220 Winter Park, FL 32789 Name: Sylvia "Cece" Dela Cerna Address: 444 West New England Avenue, Suite 220 Winter Park, FL 32789 Name: Aaron Reid Address: 444 West New England Avenue, Suite 220 Winter Park, FL 32789 Name: Cary J. Malever Address: 301 Sampey Road Groveland, FL 34736 Name: Don Hulslander Address: 707 E. Colonial Drive Orlando, FL 32803 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 take effect upon its approval and publication as required by law. Il PASSED AND ADOPTED thisc;�t day of , , 20IS' APPROVED: ATTEST: CITY OF OCOEE, FLORIDA (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 2-Oday of , 2015 SHUFFIELD, LOWMAN & WILSON, P.A. <� s- �w IJA� j- S. Sco andergrift, Ma r ADVERTISED Z , 201 READ FIRST TIME M , 20j5° READ SECOND TIME ANb ADOPTED -k� -e , 201 UNDER AGENDA ITEM NO. 1 I EXHIBIT A A portion of the Southeast' /. of Section 32, Township 21 South, Range 28 East, a portion of the Southwest "l of Section 33, Township 21 South, Range 28 East, and a portion of the Northwest'/. of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the North Y. corner of Section 4, Township 22 South, Range 28 East, Orange County, Florida; thence run South 89 °32'54" West, along the North line of the Northwest'' /, of said Section 4, for a distance of 5.37 feet to a point on the West pavement line of Hobson Road, also being the POINT OF BEGINNING. Thence departing said North line, run along the West pavement line of Hobson Road the following courses and distances: run South 00 036'27" West, along said West pavement line, for a distance of 97.05 feet; thence run South 00 "02'53" East, along said West pavement line, for a distance of 109.92 feet; thence South 00 °1333" West, along said West pavement line, for a distance of 49.38 feet to a point on the East line of the Northwest'/. of said Section 4; thence run South 01 027'07" West, along said East line, for a distance of 335.19 feet to a point on the Northerly right of way line of West Orange Trail, and the Easterly extension thereof, as recorded in Official Records Book 9613, Page 3340 of the Public Records of Orange County, Florida, said point also being a point on a curve, concave Northwesterly, having a radius of 2490.00 feet, a chord bearing of South 75 °22'33" West, and a chord distance of 1241.34 feet; thence run Southwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 28 °22'33" for an arc distance of 1254.57 feet to the point of tangency; thence run South 89 048'36" West, along said Northerly right of way line, for a distance of 716.49 feet to the point of curvature of a curve, concave Southeasterly, having a radius of 1701.20 feet, a chord bearing of South 76 057'03" West and a chord distance of 757.23 feet; thence run Southwesterly along said curve, and said Northerly right of way line, through a central angle of 25 °43'07" for an arc distance of 763.63 feet; thence departing said curve, run North 88 °45'08" West, along said Northerly right of way line, for a distance of 20.58 feet to a point on the West line of the Northwest' /, of said Section 4; thence departing said Northerly right of way line, run North 02 032'49" East for a distance of 1057.99 feet to the Northwest corner of said Section 4; thence departing said West line, run North 85 03422" West, along the South line of the Southeast % of Section 32, Township 21 South, Range 28 East, for a distance of 1299.85 feet to a point on the East pavement line of Ingram Road, said point also being a point on a non - tangent curve, concave Easterly, having a radius of 270.73 feet, a chord bearing of North 11 027'01" West and a chord distance of 154.28 feet; thence run Northerly along the arc of said curve, and said East pavement line, through a central angle of 33 006'32" for an arc distance of 156.45 feet; thence run North 00 006'22" West, along said East pavement line, for a distance of 124.71 feet; thence run North 00 019'38" East, along said East pavement line, for a distance of 100.28 feet; thence run North 00 °33'27" East, along said East pavement line, for a distance of 195.08 feet; thence run North 00 °12'46" West, along said East pavement line, for a distance of 92.97 feet; thence run North n 01 014'04" East, along said East pavement line, for a distance of 93.06 feet; thence run North 00 °0333" West, along said East pavement line, for a distance of 101.58 feet; thence run North 00 °33'07" East, along said East pavement line, for a distance of 100.77 feet; thence run North 00 °47'04" East, along said East pavement line, for a distance of 99.45 feet; thence run North 00 016'57" West, along said East Pavement line, for a distance of 102.40 feet; thence run North 00 °07'59" West, along said East pavement line, for a distance of 89.10 feet to a point of intersection of said East pavement line with the South line of the North 130 feet of the Southeast % of the Southeast'/. of said Section 32; thence departing said East pavement line, run South 88 °01'27" East, along said South line, for a distance of 18.77 feet to a point on the Easterly right of way line of Ingram Road, as recorded in Official Records Book 3617, Page 1881 of the Public Records of Orange County, Florida; thence departing said South line, run North 00 011'25" West, along the said Easterly right of way line, for a distance of 1509.95 feet to a point on the North line of the Northeast'/ of the Southeast % of said Section 32; thence departing the Easterly right of way line, run North 89 °29'48" East, along the said North line, for a distance of 1287.29 feet to the East % corner of said Section 32, also being the West % comer of Section 33, Township 21 South, Range 28 East; thence run South 89 °1733" East, along the North line of the Southwest '/+ of said Section 33, for a distance of 2668.18 feet to the Northeast corner of the Southwest % of said Section 33; thence departing said North line, run South 00 004'48" West, along the East line of the Southwest X of said Section 33, for a distance of 1408.86 feet to a point on the North line of the Southeast'/ of the Southwest' /. of said Section 33; thence departing said East line, run North 89 952'10" West, along the North line of the Southeast'' /, of the Southwest 1 of said Section 33, for a distance of 30.00 feet to a point on the West right of way line of Hobson Road, as recorded in Official Records Book 1956, Page 664 of the Public Records of Orange County, Florida; thence departing said North line, run South 00 °04'48' West, along said West right of way line, for a distance of 1409.17 feet to a point on the South line of the Southeast ' /e of the Southwest % of said Section 33; thence departing said West right of way line, run North 89 °3254" East, along said South line, for a distance of 24.63 feet to the POINT OF BEGINNING. Containing 309.38 acres, more or less. 7