Ordinance 2006-024
ORDINANCE NO. 2006-024
(PUD Zoning Ordinance for Fountains West PUD)
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT
DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 43.03 ACRES LOCATED AT
THE NORTHEAST CORNER OF THE INTERSECTION OF WEST
ROAD AND OCOEE-APOPKA ROAD, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE,
AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owners (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 zone said real property to Ocoee "PUD," Planned Unit Development District
(the "Zoning");
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (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 Ordinance No. 91-28, adopted September
18, 1991, as amended (the "Ocoee Comprehensive Plan");
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which has been amended from time to time (the "JP A
Agreement");
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WHEREAS, the JP A Agreement affects the future land use of the real property
hereinafter described;
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to
immediately exercise municipal jurisdiction over said real property for the purposes of Part II of
Chapter 163, Florida Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning
and Zoning Commission of the City ofOcoee (the "PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed
the Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement and
determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A
Agreement 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 the JP A Agreement;
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.
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SECTION 2. Zonine:. The zoning classification, as defined in the Ocoee City Code, of
the following described parcel of land containing approximately 43.03 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby established as 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.
SECTION 4. Land Use Plan. The following Land Use Plan for the Property is hereby
approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land
Development Code set forth thereon:
That certain Land Use Plan for F ountain West PUD prepared by
Vanasse Hangen Bristlin, Inc., date stamped received by the City
on Alotl. L~ too"" 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 Zonine: 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.
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SECTION 6. Ocoee Comprehensive Plan and JP A Consistency. The Ocoee City
Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan
and the JP A Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances III
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 immediately
upon passage and adoption.
PASSED AND ADOPTED this I q1A day of ])(!.l5enL'be" 2006.
ATTEST:
CITY OF OCOEE, FLORIDA
~ ~ I : . \t
d :)~ V'tvtL ; /
S. Scott Vandergrift, Mayor Y
(SEAL)
FOR USE AND RELIANCE ONLY
THE CITY OF OCOEE, FLORIDA
Approved as to fOIll} and legality this 1L
dayof OfC<AV\~ ,2006.
ADVERTISED rxc~ W 7,2006
READ FIRST TIME ~rWu- 5 ,2006
READ SECOND TIME AND ADOPTED
~l~U" JL,2006
UNDER AGENDA ITEM NO. '""lb.
FOL(7&Lr{N;;LLPAJ A
By: Y CIMJ f~
City Attorney
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EXHIBIT "A"
(The "Property")
A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East,
Orange County, Florida. Said parcel being more particularly described as follows:
Commence at the Southeast corner of the Northeast 1/4 of said Section 6; thence run South 860
38' 31" West, 1275.49 feet along the South line of said Northeast 114; thence leaving said South
line, run North 050 13' 58" West, 70.04 feet to the Point of Beginning, being a point on the
existing Northerly right of way line of West Road; thence the following courses and distance
along said Northerly right of way line, South 860 38' 31" West, 1051.87 feet to the point of
curvature of a curve to the left, having a radius of 1195.91 feet and a central angle of 60 24 26";
thence along the arc of said curve a distance of 133.74 feet to the point of tangency; thence South
800 14' 05' West, 291.50 feet; thence South 860 38' 31" West, 167.80 feet to a point on the
Easterly right of way line of Ocoee-Apopka Road; thence leaving said Northerly right of way
line, run the following courses and distances along said Easterly right of way line, North 270 16'
36" West, 52.03 feet; thence North 280 17' 59" East, 680.04 feet; thence North 610 42' 01"
West, 30.00 feet; thenc~ North 280 17' 59" East, 691.98 feet; thence leaving said Easterly right
of way line, run North 870 56' 46" East, 1371.68 feet; thence South 000 33' 00" East, 795.83
feet; thence South 890 56' 24" West, 348.00 feet; thence South 880 46' 15" West, 28.23 feet;
thence South 050 13' 58" East, 386.36 feet to the Point of Beginning.
Said parcel contains 43.03 acres, more or less.
A-I
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EXHIBIT "B"
Fountains West PUD
Location Map
B-1
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EXHIBIT "C"
[SEE A TT ACHED LAND USE PLAN]
C-l
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