HomeMy WebLinkAbout2022-25 Ocoee Landings PUD/PSP - Substantial AmendmentDOC # 20220671538
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ORDINANCE NO.2022-25 Phil Diamond, Comptroller
Orange County, FL
(Substantial Amendment to Ocoee Landings PUD/PSP) Ret To: CSC INC
TAX PARCEL ID: 16-22-28-4532-00-140
CASE NO. RZ-22-07-41: Ocoee Landings PUD/PSP
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE
OCOEE LANDINGS PUD/LUP FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 6.84 ACRES AND LOCATED ON THE
NORTH SIDE OF WEST SILVER STAR ROAD AND APPROXIMATELY
460 FEET EAST OF THE LAKE JOHIO ROAD AND EAST SILVER STAR
ROAD INTERSECTION, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; AMENDING THE OCOEE
LANDINGS PUD/LUP TO ALLOW A COMMERCIAL AND
RESIDENTIAL MIXED USE BUILDING ON LOT 4 OF THE PUD;
FINDING CONSISTENCY WITH THE COMMERCIAL FUTURE LAND
USE MAP DESIGNATION OF THE OCOEE COMPREHENSIVE PLAN;
REPEALING INCONSISTENT ORDINANCES; 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 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 Ocoee Landings Planned Unit Development /
Land Use Plan (PUD/LUP) and Preliminary Subdivision Plan (PSP), as approved by the Ocoee City
Commission on October 20, 2015 (the "PUD/PSP");
WHEREAS, the Amendment was scheduled for study and recommendation by the
Development Review Committee ("DRC") on August 23, 2022; 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");
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WHEREAS, on August 30, 2022, the P&Z held an advertised public hearing on the
Amendment and, after discussion, recommended denial of the Amendment to not allow a mixed
use building on Lot 4 of the PUD/PSP; and
WHEREAS, on November 1, 2022, the Ocoee City Commission 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/PSP to allow a commercial and residential mixed use
building on Lot 4 of the Ocoee Landings PUD 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. Authori . The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII 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 Mijax Manager, LLC, date stamped received by the City of Ocoee on May 24, 2022, 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, subject to the Conditions of
Approval as approved on October 20, 2015. The Amended PUD/PSP is attached hereto as Exhibit
"A", and by this reference made a part hereof. As described therein, the Amended PUD/PSP
amends the previously approved PUD/PSP for Ocoee Landings PUD/PSP. All references to the
PUD/PSP or the Amended PUD/PSP for Ocoee Landings PUD/PSP shall hereafter refer to the
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20220671538 Page 3 of 5
previously approved PUD/PSP for Ocoee Landings PUD/PSP as amended by the attached
Amended PUD/PSP.
SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
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. 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 6. Effective Date. This Ordinance shall become effective ten (10)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this 1551- '
day of �.vVq . 2022.
Shu
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CITY OF OCOEE, FLORIDA
Rusty Johns QM or
ADVERTISED ,eY , 2022
READ FIRST TIME e , 2022
RE D SECOND TIME AND PASSED
Ap�lye / , 2022
UNDER AGENDA ITEM NO.__W
20220671538 Page 4 of 5
EXHIBIT "A"
LOT 14, OF LAKE — JOHIO SHORES, AS RECORDED IN PLAT BOOK Q, PAGE 54, OF
THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
TOGETHER WITH #1: COMMENCE AT SOUTHEAST CORNER OF TRACT "A", JOHIO
BAY SUBDIVISION, RECORDED IN PLAT BOOK 28, PAGE 3, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT OF
WAY LINE OF JOHIO SHORES DRIVE RUN SOUTH 00014' 12" EAST, A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
EXTENDED WEST RIGHT OF WAY LINE OF JOHIO SHORES DRIVE RUN 00014' 12"
EAST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EAST EXTENDED
RIGHT OF WAY LINE AND ALONG THE SOUTH RIGHT OF WAY LINE OF AZALEA
RANCH LANE, RUN SOUTH 89031' 18" EAST, A DISTANCE OF 598.73 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH #2: COMMENCE AT SOUTHEAST CORNER OF TRACT "A", JOHIO
BAY SUBDIVISION, RECORDED IN PLAT BOOK 28, PAGE 3, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT OF
WAY LINE OF JOHIO SHORES DRIVE RUN 00014'12" EAST, A DISTANCE OF 60.00
FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EXTENDED RIGHT
OF WAY LINE, RUN NORTH 89°31' 18" EAST, A DISTANCE OF 81.81 FEET; THENCE
SOUTH 00014'12" EAST, A DISTANCE OF 153.32 FEET; THENCE SOUTH 48047'47"
EAST, A DISTANCE OF 79.07 FEET TO A POINT ON A NON TANGENT OF 12°45'53"
AND A CHORD DISTANCE OF 184.25 FEET WHICH BEARS SOUTH 49047'38" WEST;
THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG
THE NORTH RIGHT OG WAY LINE OF STATE ROAD 438, A DISTANCE OF 184.63 FEET
TO A POINT ON SAID CURVE; THENCE DEPARTING SAID NORTH RIGHT OF WAY
LINE OF SAID STATE ROAD 438, RUN NORTH 00004' 12" WEST, A DISTANCE OF
323.67 FEET TO THE POINT OF BEGINNING.
LESS THE FLOWING DESCRIBED TRACT OF LAND FOR ROAD RIGHT OF WAY FOR
SILVER STAR ROAD (STATE ROAD 438) PER D.O.T RIGHT OF WAY MAP
SECTIONNO.:
BEGIN AT THE SOUTHEAST CORNER OF LOT 14, OF LAKE JOHIO SHORES, AS
RECORDED IN PLAT, BOOK Q, PAGE 54, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, RUN SOUTH 89.31' 18" WEST ALONG THE SOUTH LINE OF SAID
LOT 14 A DISTANCE OF 1849.74 FEET TO THE SOUTHWEST CORNER OF SAID LOT
14; THENCE RUN NORTH 00002'20" EAST ALONG THE WEST LINE OF SAID LOT 14 A
DISTANCE OF 10.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SILVER STAR
ROAD' PER THE DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY MAP
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SECTION AND JOB NUMBER 75702-2601, SHEET 4 OF 7; THENCE RUN NORTH
89°31' 18" EAST ALONG SAID NORTH RIGHT WAY LINE A DISTANCE OF 1779.31
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 533.69 FEET; THENCE RUN NORTHEASTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 70.03 FEET THROUGH A CENTRAL ANGEL OF
07031'05" TO A POINT OF THE EAST LINE OF SAID LOT 14; THENCE RUN SOUTH
00004' 12" EAST ALONG SAID EAST LINE A DISTANCE OF 14.67 FEET TO THE POINT
OF BEGINIING.
ALSO, LESS THAT PART LYING WITHIN THE FOLLOWING DESCRIBED
BOUNDARIES:
COMMENCE AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF THE
NORTHEAST '/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EATS, WITH THE
CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR ROAD) AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORATION RIGHT OF WAY MAP SECTION 75250-
2525, SAID POINT LYING 814.586 METERS (2672.52 FEET) SOUTH 00°09'56" WEST OF
THE NORTHWEST CORNER OF SAID NORTHEAST '/4; THENCE NORTH 89°37'49"
EAST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 234.658 METERS
(769.87 FEET) TO THE POINT OF INTERSECTION OF THE SOUTHERLY EXTENSION
OF THE WEST LINE OF LOT 14 LAKE JOHIO SHORES AS RECORDED IN PLAT BOOK
Q, PAGE 54 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, WITH THE
CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR ROAD) AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORATION RIGHT OF WAY MAP SECTION 75250-
2525, FOR A POINT OF BEGINNING; THENCE DEPARTING SAID CENTERLINE OF
SURVEY RUN NORTH 00009'59" EAST ALONG SAID SOUTHERLY EXTENSION AND
WEST LINE A DISTANCE OF 20.272 METERS (66.51 FEET); THENCE DEPARTING SAID
WEST LINE RUN NORTH 89023'00" EAST A DISTANCE OF 425.821 METERS. (1397.05
FEET) TO THE POINT OF CURVATURE OF A CURVE CONCAVE, NORTHWESTERLY,
HAVING A RADIUS OF 252.600 METERS (828.74 FEET) AND CHORD BEARING OF
NORTH 72047' 12" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 33011'36 A DISTANCE OF 146.640 METERS
(480.12 FEET) TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SOUTH
00004' 12" WEST ALONG SAID EAST LINE AND A SOUTHERLY EXTENSION THEREOF
A DISTANCE OF 62.361 METERS (205.48 FEET) METERS (573.69 FEET) AND A CHORD
BEARING OF SOUTH 86008'51" WEST; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE AND SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE
OF 06059'54" A DISTANCE OF 21.257 METERS (70.07 FEET) TO A POINT OF
TANGENCY; THENCE CONTINUE ALONG SAID CENTERLINE OF SURVEY SOUTH
89037'49" WEST A DISTANCE OF 542.432 METERS (1779.63 FEET) TO THE POINT OF
BEGINNING.
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