HomeMy WebLinkAboutIII (D) Ordinance No 95-02 / Project No 94-011 AGENDA 1-26-95
ITEM III D
ORDINANCE NO. 95-02
(PROJECT NO. 94-011)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING THE CURRENT LAKE LOTTA PUD ZONING AS
APPROVED BY ORDINANCE NO. 88-58 ON NOVEMBER
22, 1988 WITH RESPECT TO CERTAIN REAL PROPERTY
LOCATED NORTH OF S.R. 50, SOUTH OF WHITE ROAD,
EAST OF CLARKE ROAD, AND WEST OF GOOD HOMES
ROAD; REZONING SAID LANDS TO A NEW PUD,
PLANNED UNIT DEVELOPMENT; REPEALING THE
CURRENT LAKE LOTTA PUD LAND USE PLAN AND
APPROVING A NEW LAND USE PLAN FOR LAKE LOTTA
MALL PUD; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the authorized agent of owner (the "Applicant")
of certain real property located within the corporate limits of the
City of Ocoee, Florida, as hereinafter described, has applied to
the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property to PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT and in connection therewith approve a
land use plan for a project to be constructed on said real
property, said project being known as the "Lake Lotta Mall PUD";
and
WHEREAS, pursuant to Section 4-5 of Article IV and
Section 5-9 of Article V of Chapter 180 of the Code of Ordinances
of the City of Ocoee, Florida (the "Ocoee City Code") , the Planning
Director and the Development Review Committee have reviewed and
approved said application and determined that the rezoning
requested by the Applicant and the proposed land use plan for the
Lake Lotta Mall PUD are consistent with the City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 91-28 which was
adopted on September 18, 1991, and subsequently amended by
Ordinance No. 94-19 adopted on June 21, 1994 and by Ordinance No.
95-01 adopted on the same date as this Ordinance (the "Ocoee
Comprehensive Plan") ; and
WHEREAS, said rezoning and land use plan were scheduled
for study and recommendation by the Planning and Zoning Commission
of the City of Ocoee, Florida (the "Planning and Zoning
Commission") ; and
WHEREAS, the Planning and Zoning Commission has reviewed
said zoning application and land use plan for consistency with the
Ocoee Comprehensive Plan and on January 12, 1995 held an advertised
public hearing in connection therewith; and
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WHEREAS, following an advertised public hearing, the
Planning and. Zoning Commission determined that the rezoning and
land use plan requested by the Applicant are consistent with the
Ocoee Comprehensive Plan and are in the best interest of the City
and recommended to the Ocoee City Commission that it repeal the
existing Planned Unit Development Zoning and Land Use Plan for the
Lake Lotta PUD and rezone said real property which is the subject
of the application in Project No. 94-011 to PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT, as requested by the Applicant, and in
connection therewith approve the new Lake Lotta Mall PUD Land Use
Plan, including the Conditions of Approval and waivers set forth
therein; and
WHEREAS, on January 26, 1995, the Ocoee City Commission
held a de novo advertised public hearing with respect to the
proposed rezoning of said real property and the proposed land use
plan for the Lake Lotta Mall PUD; and
WHEREAS, the Ocoee City Commission has determined that
the rezoning requested by the Applicant and the proposed land use
plan for the Lake Lotta Mall PUD are consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee
City Commission in accordance with the procedure 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 ONE. 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
Chapters 163 and 166, Florida Statutes.
SECTION TWO. Repeal of Current Zoning. Ordinance
No. 88-58, as approved by the Ocoee City Commission on November 22,
1988, is hereby repealed as it relates to the following described
parcel of land located within the corporate limits of the City of
Ocoee, Florida:
See Exhibit "A" attached hereto and by this
reference made a part hereof (hereinafter
referred to as "the Property") .
SECTION THREE. Rezoning. The Property is hereby rezoned
to PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, as defined in the Land
Development Code of the City of Ocoee, subject to the provisions of
Section Five of this ordinance.
SECTION FOUR. Repeal of Current Land Use Plan. T h e
current Lake Lotta PUD Land Use Plan is hereby repealed as it
relates to the Property, said Land Use Plan consisting of the Lake
Lotta Planned Development Preliminary Master Plan dated September
22, 1988, the Lake Lotta P.D. Land Use Summary and the Conditions
of Approval for the Lake Lotta Planned Development, all as set
forth and described in that certain Development Agreement dated
November 22, 1988 between the City of Ocoee, Florida and Lake
Lotta, Ltd. , as recorded on June 1, 1989 in Official Records Book
4085, Page 223 of the Public Records of Orange County, Florida.
SECTION FIVE. New Land Use Plan. The following new Land
Use Plan for the Property, including the waivers set forth therein,
is hereby approved, subject to the conditions of approval set forth
therein and further subject to a development agreement
incorporating all plans and conditions of approval by reference:
That certain Land Use Plan for the Lake Lotta
Mall PUD dated December 29, 1994 as revised
thru January 16, 1995, and date stamped as
received by the City on January 20, 1995 and
consisting of the following fourteen (14)
sheets:
Sheet SP 1: Land Use Plan
Sheet 2 : Conceptual Grading and Drainage Plan
Sheet 3 : Conceptual Utility Plan - Water & Sewer
Sheet 4: Conceptual Utility Plan - Power, Gas,
Telephone & Site Lighting
Sheet 5: Conceptual Signing & Marking Plan
Sheet 6: Conditions of Approval (dated August 26,
1994 as revised thru January 19, 1995)
Sheet 7: Sketch to Accompany Legal Description
(as revised thru January 19, 1995)
Sheet 8: Heavy Duty Pavement Areas
Sheet 9: Tree Removal and Preservation Plan (dated
December 20, 1994)
Sheet 10: Conceptual Landscape Development Plan
(dated December 20, 1994)
Sheet 11: Conceptual Landscape Detail Sections
(dated December 20, 1994 as revised
thru January 16, 1995)
Sheet 12: Conceptual Landscape Entry Enlargement
Development Plans (dated December 20,
1994)
Sheet 13: Site Plan with Topography
Sheet 14: Proposed Conditions Drainage Map
The above described new Land Use Plan is attached hereto as Exhibit
"B" and by this reference made a part hereof (hereinafter referred
to as the "Lake Lotta Mall PUD Land Use Plan") .
SECTION SIB. Comprehensive Plan. The Ocoee City
Commission hereby finds the new zoning of the Property as set forth
in Section Three hereof and the Lake Lotta Mall PUD Land Use Plan
3
as set forth in Section Five hereof to be consistent with the Ocoee
Comprehensive Plan, as amended by Ordinance No. 95-01.
SECTION SEVEN. 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 zoning amendments 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 EIGHT. Inconsistent Ordinances. All ordinances or
parts of ordinances in conflict or inconsistent herewith are hereby
repealed and rescinded.
SECTION NINE. 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 TEN. Effective Date. This Ordinance shall
become effective on the date that the Development Order for the
Lake Lotta Mall Development of Regional Impact becomes effective as
provided in Part III (A) thereof, said date being simultaneous with
or subsequent to the effective date of Ordinance No. 95-01.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED January 15, 1995
THE CITY OF OCOEE, FLORIDA READ FIRST TIME January 17, 1995
APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED
this day of January, 1995. AT A SPECIAL MEETING HELD ON
, 1995,
UNDER AGENDA ITEM NO. .
FOLEY & LARDNER
By:
City Attorney
4
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EXHIBIT "A"
BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST; THENCE S 89°42'47" W, A DISTANCE OF 1336.77 FEET
TO A POINT BEING THE N.E. CORNER OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; THENCE
S 0°14'27" W, ALONG THE EAST LINE OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21, A DISTANCE OF 1325.27 FEET; THENCE N
89°32'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO GROVES
ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS, ORANGE COUNTY,
FLORIDA, A DISTANCE OF 90.63 FEET; THENCE S 0°14'27" W, A DISTANCE OF
944.21 FEET; THENCE S 89°26'02" W ALONG THE SOUTH LINE OF LOT 3, BLOCK
A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19°55'46" W ALONG THE
WEST LINE OF LOTS 4 THROUGH 7, BLOCK A, SAID PLAT, A DISTANCE OF 343.13
FEET TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY OF STATE ROAD
50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG THE NORTH RIGHT OF
WAY OF STATE ROAD 50 AT A BEARING OF S 89°48'09" W, A DISTANCE OF
1106.89 FEET; THENCE N 0°02'25" E ALONG THE WEST LINE OF TRACT 6, SAID
PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 611.73 FEET,
LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 89°48'24"
W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS
EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0°03'23" W
ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.15 FEET;
THENCE S 89°46'31" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 21, A DISTANCE OF 303.32 FEET
INTERSECTING THE EAST RIGHT OF WAY OF CLARKE ROAD HAVING A 100
FOOT RIGHT OF WAY TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A CENTRAL ANGLE
OF 19°33'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD
WHICH BEARS N 13°20'24" E, A DISTANCE OF 404.62 FEET TO THE END OF THE
CURVE; THENCE ALONG SAID RIGHT OF WAY S 66°52'48" E, A DISTANCE OF
20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0°55'24";
THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY A
CHORD WHICH BEARS N 23°34'54" E, A DISTANCE OF 18.87 FEET TO THE END OF
CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N
65°57'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A
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CENTRAL ANGLE OF 17°29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 363.50 FEET
SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32°4T13" E, A DISTANCE
OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE
EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF
501.23 FEET; THENCE S 48°28'10" E, A DISTANCE OF 20.00 FEET ALONG SAID
RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N
41°31'50" E, A DISTANCE OF 20.00 FEET; THENCE N 48°28'10" W ALONG SAID
RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE ALONG RIGHT OF WAY OF
CLARKE ROAD N 41°31'50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNING OF
A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1291.00 FEET
AND A CENTRAL ANGLE OF 41°20'59"; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20°51'21" E, A
DISTANCE OF 911.61 FEET TO THE END OF THE CURVE; THENCE ALONG THE
EAST RIGHT OF WAY OF CLARKE ROAD N 0°10'51" E, A DISTANCE OF 208.91
FEET; THENCE S 89°49'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST
RIGHT OF WAY OF CLARKE ROAD; THENCE S 0°04'18" E ALONG THE EAST LINE
OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89°42'47" E,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF
BEGINNING.
CONTAINS 130.004 ACRES, MORE OR LESS.
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a
EXHIBIT "B"
A copy of the PUD Land Use Plan has been separately
distributed and is not physically attached to this Ordinance. The
original Ordinance will include a copy of the PUD Land Use Plan as
approved by the City Commission.
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