HomeMy WebLinkAbout2019-034 VMG Estates PUD - 815 Clarcona Ocoee Road - RezoningDOC # 20190652617
10/17/2019 11:39 AM Page 1 of 5
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ORDINANCE NO. 2019-034 Phil Diamond, Comptroller
(Rezoning Ordinance for 815 Clarcona Ocoee Road VM Estates PUD)Orange County, FL
Ret To: CSC INC
TAX PARCEL ID: 08-22-28-0000-00-028
CASE NO. RZ-19-08-10: 815 CLARCONA OCOEE ROAD VMG ESTATES PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING.
THE ZONING CLASSIFICATION FROM ORANGE COUNTY. R-1 TO
OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-3.89 ACRES
LOCATED AT 815 CLARCONA OCOEE ROAD, ON THE EAST SIDE OF
N. LAKEWOOD AVENUE (AKA CLARCONA OCOEE ROAD); 103 FEET
NORTH OF BURNT TREE COURT; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner (the "Applicant") 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 rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately +/-3.89 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from City of Ocoee R-1 to Ocoee PUD (Planned Unit
Development); and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No.
91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application 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, on September 10, 2019, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and made a recommendation to the Ocoee City Commission; and
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WHEREAS, on October 15, 2019, the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with 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. AUTHORITY. The Ocoee City Commission 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 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately +/-3.89 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from City of Ocoee
R-1 to Ocoee PUD (Planned Unit Development). A map of said land herein described which
clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is
made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 Rezoning 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 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
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PASSED AND ADOPTED this � day of ebbe,-' , 2019.
ATTEST:
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Melanie Sibbxi,t Cif
r
FOR USE AND RELIANCE ONLY BY THE CITY
OF OCOEE, FLORIDA; APPROVED AS TO FORM
AND LEGALITY
this 1 '5J4 day of r7C-T , , 2019.
SHUFFIELD LOWMAN & WILS/ON' P.A.
By:
City Attorne
APPROVED:
CITY OF OCOEE, FLORIDA
1
Rusty John n, ayor
ADVERTISED r 3 , o w
READ FIRST TIME ,rr / , 2019.
RE D SECOND TIME AND ADOPTED
vehlo /� , 2019.
Under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
BEGIN AT THE SOUTHWEST CORNER OF THE SW % OF THE SW % OF SECTION 8.
TOWNSHIP 22 SOUTH, RANGE 28 EAST. RUN THENCE NORTH ON THE SECTION LINE
280 FEET, THENCE RUN EAST 630 FEET, THENCE RUN SOUTH 280 FEET, THENCE RUN
WEST 630 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA, LESS
ROAD RIGHT-OF-WAY ON THE WEST.
20190652617 Page 5 of 5
Exhibit "B"
Location Map
Ander on Place
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