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HomeMy WebLinkAboutOrdinance 92-08 ORDINANCE NO. 92-~ CASE NO. 1-2R-92:ROEDER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM U, UNCLASSIFIED TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAGUIRE AND MOORE ROADS, AS PETITIONED BY THE PROPERTY OWNERS; APPROVING A REVISED LAND USE PLAN FOR PLANTATION GROVE 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 owner or owners ("the Peti tioners") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to rezone and change the zoning classification for said real property from U, UNCLASSIFIED to PUD, PLANNED UNIT DEVELOPMENT DISTRICT and to approve the Revised Land Use Plan for Plantation Grove PUD dated January 21, 1992 and revised through February 10, 1992, as prepared by C.C.L. Consultants, Inc. under Project No. 7197 (the "Revised Land Use Plan"); and WHEREAS, pursuant to Section 3.2 of Chapter II of Appendix "A" of the Code of Ordinances of the Ci ty of Ocoee, Florida ("the Ocoee City Code"), the Planning Director has reviewed said petition and determined that the rezoning requested by the Petitioner and the Revised Land Use Plan are consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991 ("the Ocoee Comprehensive Plan"); and WHEREAS, said rezoning peti tion and Revised Land Use PI an 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, the Planning and Zoning Commission has reviewed said rezoning petition and the Revised Land Use Plan for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Petitioner and the Revised Land Use Plan are consistent with the Ocoee Comprehensive Plan and are in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned to PUD, PLANNED UNIT DEVELOPMENT DISTRICT, as requested by the Petitioner, that the Revised Land Use Plan be approved and that the Ocoee City Commission find that the zoning requested by the Petitioner and the Revised Land Use Plan are consistent with the Ocoee Comprehensive Plan; and Ordinance No. 92-~ Page 2 WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to the proposed rezoning of said real property and the Revised Land Use Plan; and WHEREAS, the Ocoee City Commission has determined that the zoning requested by the Petitioner and the Revised Land Use Plan are consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee Ci ty Commission in accordance wi th 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. The Ci ty Commission of the Ci ty of Ocoee, Florida has the authori ty 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. That the zoning classification, as defined in Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of I and located wi thin the corporate limits of the City of Ocoee, Florida, is hereby changed from U, UNCLASSIFIED to PUD, PLANNED UNIT DEVELOPMENT DISTRICT: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Section 3. The following Revised Land Use Plan 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 Revised Land Use Plan for the Plantation Grove PUD, dated January 21, 1992 as revised through Apri I 28, 1992, as prepared by c. C. L. Consul tants, Inc. under Project No. 7197, a copy of which is attached hereto as Exhibi t "B" and by this reference made a part hereof. Section 4. That the Ci ty Commission of the Ci ty of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance and the Revised Land Use Plan, as revised through April 28, 1992, to be consistent with the Ocoee Comprehensive Plan. Ordinance No. 92-~ Page 3 Section 5. The Ci ty CI erk 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 1.1 of Chapter III of Appendix A of the Code of Ordinances of the City of Ocoee. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. Section 7. All land use plans for the Plantation Grove Planned Unit Development previously approved by the City are hereby rescinded and are no longer of any force or effect. 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 5th day of May, 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED April g. 1992 READ FIRST TIME April 7. 1992 READ SECOND TIME AND ADOPTED Mf\'I 5 1992 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FO~ AND LEGAL I TYA u# TH IS ST b.. DAY OF /vl6-; 1992. ::~EYif3ti4JiJ City Attorney APPROVED BY THE CITY COMMISSION AT A MEETING HELD ON M. Pt'o{ 5 1992 UNDER AGENDA ITEM NO."'SL A. '. s.ee T'Otc , / /-- / i . i :r ,J; .: . :'j.;,;...:f." .... . ..,.. .... ... 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( , ~ \ I ' , " , ~ EXHIBIT "A" PAGE 1 OF 2 -';; LAND DESCRIPTION (Case No. 1-2R-92:ROEDER) A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 32, THENCE RUN NORTH 89 54'50" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 00 21'35" WEST A DISTANCE OF 167.48 FEET; THENCE RUN NORTH 89 54'50" EAST, A DISTANCE OF 1281.39 FEET; THENCE RUN SOUTH 00 21'44" EAST, A DISTANCE OF 167.48 FEET; THENCE RUN SOUTH 89 54'50" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 1281.40 FEET TO THE POINT OF BEGINNING. LESS THE SOUTH 40.00' THEREOF FOR ROAD RIGHT-OF-WAY. EXHIBIT "A" PAGE 2 OF 2 EXHIBIT nBn '!HE APPIUVED REVISED LAND USE PLAN