Loading...
HomeMy WebLinkAboutOrdinance 95-19 ORDINANCE NO. 95- 19 AN ORDINANCE OF TIlE CITY OF OCOEE, FLORIDA APPROVING A REVISED LAND USE PLAN FOR LAKE LOTTA MALL PUD, ON CERTAIN REAL PROPERTY WCATED ON TIlE NORTIlEAST CORNER OF S.R. 50 AND CLARKE ROAD, AS PETITIONED BY TIlE PROPERTY OWNERS; AMENDING ORDINANCE NO. 95-02 RELATING TO TIlE LAKE LOTTA MALL PUD; CHANGING TIlE NAME OF TIlE PUD TO WEST OAKS MALL PUD; GRANTING A WAIVER FROM MINIMUM SIZE REQUIREMENTS FOR PARKING SPACES; REVISING TIlE CONDITION OF APPROVAL RELATING TO BUILDING HEIGHTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (lithe Ocoee City Commission") to approve revisions ("Land Use Plan Revisions ") to the Land Use Plan for the Lake Lotta Mall PUD, as adopted by the City of Ocoee in Ordinance No. 95-02 (lithe Land Use Plan "); and WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (lithe Ocoee City Code"), the Planning Director has reviewed said petition and determined that the Land Use Plan Revisions are consistent with the City of Ocoee Comprehensive Plan (lithe Ocoee Comprehensive Plan"); and WHEREAS, the Land Use Plan Revisions were scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (lithe Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has reviewed the Land Use Plan Revisions for consistency with the Ocoee Comprehensive Plan and determined that the Land Use Plan Revisions 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 Land Use Plan Revisions be approved and that the Ocoee City Commission fmd the Land Use Plan Revisions to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to the proposed Land Use Plan Revisions; and WHEREAS, the Ocoee City Commission has determined that the Land Use Plan Revisions are 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)(c), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VITI of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Revision to Ordinance 95-02. The Land Use Plan, as adopted by Ordinance No. 95-02 of the City of Ocoee, Florida, is hereby amended as follows: A. Condition of Approval #6 is hereby amended to read as follows: "Building Heights - Building Heights will not exceed forty-five feet for structures constructed on any outparcel; provided, however, that structures within the mall building itself may reach a maximum height of (1) fIfty-two (52) feet for any portion of the building used for human occupancy, and (2) seventy-two (72) feet for any portion of the building not used for human occupancy. Any light emanating from building projections exceeding fIfty-two 2 (52) feet in height shall be designed to prevent adverse glare from affecting surrounding properties." B. Waiver No.1 of the list of "Waivers from Land Development Code Requested by the Developer" set forth in the Land Use Plan is hereby amended to add the following: "Parking spaces adjoining linear landscaped islands may be reduced in size to 9' x 14' where a 2' bumper overhang is provided. The spaces will not be labeled in any way to restrict their use to compact cars only. " C. The project name "Lake Lotta Mall PUD" shall be and is hereby amended to be "West Oaks Mall PUD", and all project plans and documents now or hereafter submitted to and adopted by the City shall utilize this name; provided, however, that this name change will not apply to the Lake Lotta Mall DR! or any documents pertaining thereto. SECTION 3. Ocoee Comprehensive Plan. That the City Commission of the City of Ocoee, Florida, hereby finds the Land Use Plan Revisions to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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. 3 SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ,Q4 "- PASSED AND ADOPTED this ~ day of .J l{L'1 ATfEST: (SEAL) , 1995. APPROVED: CITY OF OCOEE, FLORIDA ;;S' SmNt 11../4-'1- S. Scott Vandergrift, Mayor 3 ADVERTISED July 6 , 1995 READ FIRST TIME .Tnly ') , 1995 READ SECOND TIME AND ADOPTED :rUL~ 1'6 ,1995, UNDER XGENDA ITEM NO. Y..h. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this ~ day of 00\y ,1995. FOLEY & LARDNER By: e~2.~ City Attorney C:\WP51 \DOCS\ORDINANC.FRM 16i'UJ/95I 18W010 jDPB:jh 4