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HomeMy WebLinkAbout2021-007 Barkeritaville PUD/PSP - Substantial AmendmentORDINANCE NO, 2021-007 (Substantial Amendment to Barkeritaville PUD/PSP) TAX PARCEL ID: 31-22-28-0000-00-050 DOC # 20210362908 06/17/2021 14:34 PM Page 1 of 4 Rec Fee: $35.50 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC CASE NO. RZ-21-03-04: BARKERITAVILLE PUD/PSP AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE BARKERITAVILLE PUD FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 8.13 ACRES LOCATED ON THE EAST SIDE OF TOMYN BLVD AND NORTH EAST OF THE INTERSECTION OF WINDERMERE ROAD AND TOMYN ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE LIST OF APPROVED USES TO INCLUDE INDOOR SELF STORAGE; FINDING CONSISTENCY WITH THE OCOEE COMPREHENSIVE PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain zeal property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described owner (the "Owner"), has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the "Amendment") to the Barkeritaville PUD Land Use Plan, as approved by the Ocoee City Commission on November 5, 2013, and amended as a non -substantial amendment on December 7, 2017 (the "PUD"); WHEREAS, the Amendment was scheduled for study and recommendation by the Development Review Committee ("DRC") on May 4, 2021; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ("P&Z"); 20210362908 Page 2 of 4 WHEREAS, on May 11, 2021, the P&Z held an advertised public hearing on the Amendment and, after discussion, recommended approval; and WHEREAS, on June 15, 2021, the Ocoee City Conunission has held an advertised de novo public hearing with respect to the proposed Amendment and this Ordinance and determined that an Amendment to the PUD to include indoor self -storage as a permitted use and this Ordinance are consistent with the City of Ocoee Comprehensive Plan, as amended; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article V111 of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to PUD/PSP. The Amended PUD/PSP, prepared by Florida Engineering Group, Inc., dated March 3, 2021, with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving same, is hereby approved. The Amended PUD is attached hereto as Exhibit "A", and by tlus reference made a part hereof. As described therein, the Amended PUD amends the previously approved PUD for Barkeritaville PUD. All references to the PUD or the Amended PUD for Barkeritaville PUD shall hereafter refer to the previously approved PUD for Barkeritaville PUD as amended by the attached Amended PUD. SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. -2- 20210362908 Page 3 of 4 SECTION 4. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this Ordinance. SECTION 5. Severabiiily. If any section, subsection, sentence,. clause, phase, 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 6. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. I - - � 14mil FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROON D AS TO FORM AND LEGALITY this f day of 3JNi, 2021. Shuffield Lowman & Wilson, P.A. By: C' Attor CITY OF OCOEE, FLORIDA ADVERTISED _ l/,JI�.f j , 2021 READ FIRST TIME 1, 2021 READ SECOND TIME A D PASSED e .! , 2021 UNDER AGENDA ITEM NO, tO ..3- 20210362908 Page 4 of 4 art 3^S T EXHIBIT "A" Put LANb,DSE T v!l I I l - 04 lit 7 7. nO 1,1- VOYL Je ILJPNO NETG117 s .ram MOE LAIII Ott V1,110 PV,1LNT1JL 5 '-6 WATE4 SEKWE SUE LECDA3 ,A IRAFRC VATA 777 "";RF j 'hm4hjI NOUN z 7 iiuTY;E Ll4j, USE ROLL f0,11EWAIII-011 (COkmpji R.KO A14 (CtIAITO HARKERITAILIEPUD OCOM-TOMMULF911CIRAOIEFACIM 4 AMMDSREW?10. 2 TOWN BLVO FEG 1210ngL - 0 EE� F co V In