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Home My WebLink About2020-011 Shoppes at West Oaks PD - RezoningDOC # 20200181769 03/23/2020 12:28 PM Page 1 of 5 Rec Fee: $44.00 ORDINANCE NO. 2020-011 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 (Rezoning Ordinance for Shoppes at West Oaks PD) Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL TAX PARCEL ID: 27-22-28-8005-00-040 Ret To: CSC INC CASE NO. RZ-20-01-01: Shoppes at West Oaks PD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM "CITY OF OCOEE" C-2 TO "CITY OF OCOEE" PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-4.10 ACRES LOCATED ON THE SOUTH SIDE OF WEST COLONIAL DRIVE AND APPROXIMATELY 580 FEET WEST OF GOOD HOMES ROAD; 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 +/-4.10 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from City of Ocoee C-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 February 11, 2020, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and 20200181769 Page 2 of 5 WHEREAS, on March 17, 2020, 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 Vill 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 +/-4.10 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C-2 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. [Signatures on Following Page] 'FJ 20200181769 Page 3 of 5 PASSED AND ADOPTED this day of �i�r(► 12020. ATTEST: Kathy HArd, beputyr City Clerk SEAAN- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 0 "" day of aAA (R- , 2020. SHUFFIELD LOWMAN & WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA 1 Rusty Jo n or Advertised 774,,A -h �5, 2020 Read First T mi e Wjmh 3 , 2020. Read Second Time and Adopted 17 -12020. Under Agenda Item No. a 20200181769 Page 4 of 5 EXHIBIT "A" Legal Description of Property UNIT 2 ALSO KNOWN AS: A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 22 SOUTH, RANGE 28 EAST, CITY OF OCOEE, ORANGE COUNTY, FLORIDA, BEING A PORTION OF LOT 4, LAKEVIEW HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "E", PAGE 73, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS RIGHT OF WAY OF STATE ROAD 50, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHERLY INTERSECTION OF THE EAST LINE OF SAID LOT 4 AND THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50, SAID POINT BEING 75 FEET SOUTH OF THE CENTERLINE OF SURVEY OF SAID STATE ROAD NO. 50; THENCE RUN S89°46'49"W ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO.50 A DISTANCE OF 84.58 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 RUN S00013'11"E, A DISTANCE OF 247.50 FEET; THENCE RUN S890'46'49"W, A DISTANCE Of 175.68 FEET; THENCE RUN N00°13'11"W, A DISTANCE OF 247.50 FEET TO A POINT ON THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50; THENCE RUN N89046'49"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50; A DISTANCE OF 175.68 FEET TO THE POINT OF BEGINNING. 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