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.
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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