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Home My WebLink AboutOrdinance 92-07 ORDINANCE NO. 92-~ CASE NO. l-lR-92:HUBER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM PUD, PLANNED UNIT DEVELOPMENT DISTRICT, TO U, UNCLASSIFIED, 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 WESTRIDGE 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 PUD, PLANNED UNIT DEVELOPMENT DISTRICT to U, UNCLASSIFIED 1 and to approve the Revised Land Use PI an for Westridge PUD, Planned Unit Development District, dated December 4, 1991 and revised through January 17, 1992, as prepared by Environmental Planning & Design (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 Ci ty Code"), the Planning Di rector has revi ewed 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 PI an") ; and WHEREAS, said rezoning peti tion (and Revised Land Use Plan) 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 for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan and is 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 U, UNCLASSIFIED, as requested by the Petitioner and that the Ocoee City Commission find that the zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and Ordinance No. 92-~ Page 2 WHEREAS, the Planning and Zoning Commission has had a public hearing to consider the Revised Land Use Plan and at that hearing failed to pass a motion to approve the Revised Land Use Plan and has not taken any action to either approve or disapprove the Revised Land Use Plan. WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to 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 PUD, PLANNED UNIT DEVELOPMENT DISTRICT to U, UNCLASSIFIED: 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 Westridge, PUD, dated December 4, 1991 as revised through January 17, 1992, as prepared by Environmental Planning & Design, a copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof. Ordinance No. 92-~ Page 3 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 to be consistent with the Ocoee Comprehensive Plan. Secti on 5. The Ci ty CI erk is hereby authori zed 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 Westridge 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 21st day of April, 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA (SEAL) Ordinance No. 92-~ Page 4 ADVERTISED April 9. 1992 READ FIRST TIME April 7. 1992 READ SECOND TIME AND ADOPTED April 21 1992 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO F~~LAND LEGALITY, A.~I~ DAY OF -Jlffll 1992. ::~EY r?:l;~ City Attorney APPROVED BY THE CITY COMMISSION AT A MEETING HELD ON April 21. 1992 UNDER AGENDA ITEM NO. V E " 6(<: ltOto( ~ /' / '.' r ,i :i: ; ~j::-::l'\: .". "....... .... '"t .. . . .:: ;U:~ ! 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I" .;-F ,.~.~- -.... -- ...)J:'~."'r--.-......_ " EXHIBIT "A" PAGE 1 OF' ? _"It t LAND DESCRIPTION (Case No. 1-1R-92:HUBER) 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 .....~ ,........ \ ( ..J EXHIBIT nBft '!HE APPRJVED REVISED LAND USE PLAN