2018-028 Establishing FRERC CDD ORDINANCE NO. 2018-028
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING
THE FRERC 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 2,500 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, Orange West Development Company, a Wyoming corporation
("Petitioner"), having obtained written consent to the establishment of the FRERC 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 (2017); and
WHEREAS, the Petitioner is a Wyoming profit corporation, authorized to conduct
business in the State of Florida, whose principal place of business is 7380 West Sand
Lake Road, Suite 395, Orlando, Florida 32819; and
WHEREAS, the Petition, which is dated and which was submitted to the City of
Ocoee ("City") on May 14, 2018, has been determined to contain the requisite
information as mandated by Section 190.005(1)(a) of the Act; and
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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 July
17, 2018; and
WHEREAS, on July 17, 2018, the Commission considered the record at 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 FRERC
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;
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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;
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 "FRERC 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 97.04 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. 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.
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: Barry Radolan
Address: 2110 S. Courtenay Pkwy.
Merritt Island, FL 32952
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Name: James Lavigne
Address: 17727 East Lake Jem Rd.
Mt Dora, FL 32757
Name: Deanna Snitko
Address: 14719 Crimson Bluff Alley
Winter Garden, FL 32787
Name: Giovanna Gutierrez
Address: 945 Oasis Palm Cir.
Ocoee, FL 34761
Name: City Manager or designee
Address: City of Ocoee
150 N. Lakeshore Dr.
Ocoee, FL 34761
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.
PASSED AND ADOPTED this 7 day of 2018.
ATTEST: APPROVED:
ni\kld Lildf CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk 1
11111,
(SEAL) Rusty Johns•n,yor
FOR USE AND RELIANCE ONLY BY ADVERTISED j-kz/4' &, , 20Z(
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME ' ,. , 20d1
APPROVED AS TO FORM AND READ SECOND TIME D ADOPTED
LEGALITY .,4tgk '7 , 20,f
this ryiday of As/E7 • , 20 115 UNDER AGENDA ITEM NO. If
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City A orne,
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EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST 1/4 AND THE SOUTHWEST 1/4 OF SECTION 20,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN
THENCE S00°33'50"E ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 20, A DISTANCE OF 30.00 FEET TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF MAINE STREET AS SHOWN ON THE
PLAT OF LAKE BENNET CENTRE AS RECORDED IN PLAT BOOK 35, PAGES 126
AND 127, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
N89°51'09"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 208.19
FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN
INSTRUMENT NO. 20170493053; RUN THENCE THE FOLLOWING THREE (3)
COURSES ALONG SAID LANDS: (1) S00°22'03"E A DISTANCE OF 184.59 FEET; (2)
N87°01'32"W A DISTANCE OF 123.81 FEET; (3) N68°42'10"W A DISTANCE OF 90.49
FEET TO A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20; THENCE S00°33'50"E ALONG SAID WEST LINE,
A DISTANCE OF 372.36 FEET TO THE NORTHEAST CORNER OF TRACT "C",
OCOEE TOWN CENTER - PHASE I, AS RECORDED IN PLAT BOOK 77, PAGES 37
THROUGH 41, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
N89°56'30"W ALONG THE NORTH LINE OF SAID TRACT "C", AND ITS WESTERLY
EXTENSION A DISTANCE OF 1,330.09 FEET TO THE SOUTHWEST CORNER OF
THE LANDS DESCRIBED IN INSTRUMENT NO. 20160538981; THENCE
N00°31'16"W ALONG THE WEST LINE OF SAID LANDS AND ITS NORTHERLY
EXTENSION A DISTANCE OF 594.53 FEET TO A POINT ON THE EXISTING NORTH
RIGHT-OF-WAY LINE OF MAINE STREET; THENCE RUN THE FOLLOWING THREE
(3) COURSES ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE: (1)
N89°30'08"W A DISTANCE OF 538.19 FEET TO A POINT OF CURVATURE ON A
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 480.78 FEET, A
CHORD BEARING OF N75"46'40"W, A CHORD DISTANCE OF 228.78 FEET, (2)
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 27°31'42", A DISTANCE OF 230.99 FEET TO THE A POINT OF
TANGENCY; (3) N62"00'49"W A DISTANCE OF 295.60 FEET TO A POINT OF THE
SOUTHEASTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2957, PAGE 668, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; RUN
THENCE THE FOLLOWING THREE (3) COURSES ALONG THE SOUTHEASTERLY
LINE AND THE EAST LINE OF SAID LANDS; (1) N00°28'46"W A DISTANCE OF
174.77 FEET; (2) S66°06'13"E A DISTANCE OF 372.66 FEET; (3) N00°28'46"W A
DISTANCE OF 430.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 1/2
OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20;
THENCE S89"20'13"E ALONG SAID NORTH LINE A DISTANCE OF 679.39 FEET TO
THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 20, TO A POINT HEREIN AFTER REFERRED
TO AS POINT "A"; THENCE CONTINUE S89°20'13"E A DISTANCE OF 347.43 FEET
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TO A POINT ON THE SOUTHERLY PROJECTION OF THE WEST LINE OF LOT 10,
BLOCK 5, TOWN OF OCOEE AS RECORDED IN PLAT BOOK "A" PAGES 100 AND
101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N00°31'16"W
ALONG SAID WEST LINE, A DISTANCE OF 652.85 FEET TO THE NORTHWEST
CORNER OF LOT 10, SAID BLOCK 5; THENCE S89°02'04"E ALONG THE NORTH
LINE OF SAID BLOCK 5 AND ITS EASTERLY EXTENSION A DISTANCE OF 1,328.47
FEET TO THE NORTHEAST CORNER OF LOT 25, BLOCK 6, SAID TOWN OF
OCOEE; THENCE S00°29'24"E ALONG THE EAST LINE OF LOT 25, SAID BLOCK 6,
A DISTANCE OF 359.99 FEET TO A POINT ON THE NORTH LINE OF OFFICIAL
RECORDS BOOK 5785, PAGE 4859, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE TO A POINT
LYING N89"20'20"W A DISTANCE OF 146.76 WEST OF THE NORTHEAST CORNER
OF VACATED CALIFORNIA AVENUE, AS RECORDED IN OFFICIAL RECORDS
BOOK 6936, PAGE 2686, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
THENCE S89"20'20"E A DISTANCE OF 146.76 FEET TO SAID NORTHEAST
CORNER OF VACATED CALIFORNIA AVENUE, SAID POINT BEING A POINT ON
THE WEST LINE OF OCOEE COMMONS PUD, AS RECORDED IN PLAT BOOK 60,
PAGES 92 THROUGH 98, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
THENCE S00°11'17"E ALONG SAID WEST LINE A DISTANCE OF 690.58 FEET TO A
POINT ON THE NORTH LINE OF TRACT "B", LAKE BENNET CENTRE AS
RECORDED IN PLAT BOOK 35, PAGES 126 AND 127, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; THENCE S89°51'09"W ALONG SAID NORTH LINE,
DISTANCE OF 425.95 FEET TO THE NORTHWEST CORNER OF SAID TRACT "B",
SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A POTION OF VACATED
MAINE STREET, AS RECORDED IN OFFICIAL RECORDS BOOK 4926, PAGE 3959,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N00°08'52"W
ALONG THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 4926, PAGE 3959
DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID OFFICIAL
RECORDS BOOK 4926, PAGE 3959, SAID POINT BEING A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SAID MAINE STREET; THENCE S89"51'09"W ALONG
SAID NORTH RIGHT-OF-WAY LINE DISTANCE OF 895.58 FEET; THENCE
S00°33'50"E A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE LIFT STATION DESCRIBED IN OFFICIAL RECORDS
BOOK 9841, PAGE 1413, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
RETURN TO SAID POINT "A" AND RUN S00°31'16"E ALONG THE EAST LINE OF
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20, ALSO
BEING THE WEST RIGHT-OF-WAY LINE OF RICHMOND AVENUE A DISTANCE OF
381.50 FEET FOR A POINT OF BEGINNING; THENCE S64°13'43"W A DISTANCE OF
60.00 FEET; THENCE N25°46'17"W A DISTANCE OF 60.00 FEET; THENCE
N64°13'43"E A DISTANCE OF 60.00 FEET; THENCE S25°46'17"E A DISTANCE OF
60.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 22
SOUTH, RANGE 28 EAST, RUN THENCE N00°28'58"W ALONG THE WEST LINE OF
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THE SOUTHWEST 1/4 OF SAID SECTION 20 A DISTANCE OF 691.70 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SAID SECTION 20, SAID POINT BEING HEREIN
AFTER REFERED TO AS POINT "B"; THENCE S89"57'05"E ALONG SAID SOUTH
LINE A DISTANCE OF SO.DO FEET FOR A POINT OF BEGINNING, SAID POINT
BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF MAGUIRE ROAD;
THENCE RUN THE FOLLOWING FOUR (4) COURSES ALONG SAID EAST RIGHT-
OF-WAY LINE: (1) N00"28'58"W A DISTANCE OF 149.79 FEET; (2) 589"31'02"W A
DISTANCE OF 10.00 FEET; (3) N00°28'58"W A DISTANCE OF 106.76 FEET TO A
POINT OF CURVATURE ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 560.27 FEET, A CHORD BEARING OF N0S035'49"W, A CHORD
DISTANCE OF 99.89 FEET, (4) NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 10°13'43", A DISTANCE OF 100.02
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MAINE STREET;
RUN THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE: (1) N36"44'50"E A DISTANCE OF 55.77 FEET; (2) N85"13'13"E
A DISTANCE OF 305.15 FEET; (3) S65"08'13"E A DISTANCE OF 49.78 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH BLUFORD AVENUE;
THENCE S36"04'33"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE
OF 15.04 FEET; THENCE S54"04'52"W A DISTANCE OF 195.01 FEET; THENCE
SI6°05'38"E A DISTANCE OF 290.12 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 20; THENCE N89"57'05"W ALONG SAID SOUTH LINE A DISTANCE
OF 292.08 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
RETURN TO SAID POINT "B" AND RUN N00°28'58"W ALONG THE WEST LINE OF
THE SOUTHWEST 1/4 OF SAID SECTION 20 A DISTANCE OF 493.90 FEET FOR A
POINT OF BEGINNING; THENCE CONTINUE N00°28'58"W A DISTANCE OF 513.72
FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH
BLUFORD AVENUE; RUN THENCE THE FOLLOWING THREE (3) COURSES
ALONG SAID WESTERLY RIGHT-OF-WAY LINE: (1) S36"04'33"E A DISTANCE OF
108.81 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 1,754.83 FEET, A CHORD BEARING OF
S32"12'15"E, A CHORD DISTANCE OF 236.98 FEET, (2) SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°44'36", A
DISTANCE OF 237.16 FEET TO A POINT OF TANGENCY; (3) S36"04'33"E A
DISTANCE OF 170.83 FEET; THENCE SI8"56'50"W A DISTANCE OF 95.19 FEET TO
A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 215.00 FEET, A CHORD BEARING OF S80"07'16"W, A CHORD
DISTANCE OF 38.22 FEET, RUN THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10°11'53", A DISTANCE OF 38.27
FEET TO A POINT OF TANGENCY; THENCE S8S013'13"W A DISTANCE OF 194.20
FEET; THENCE N20"31'50"W A DISTANCE OF 22.43 FEET; THENCE N74"33'25"W A
DISTANCE OF 17.31 FEET TO THE POINT OF BEGINNING.
CONTAINS 97.404 ACRES MORE OR LESS.
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