HomeMy WebLinkAboutOrd. 91-06
ORDINANCE NO. 91-06
CASE NO. 1-3R-91:ARVIDA
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REZONING CERTAIN LANDS LOCATED IN THE CITY OF
OCOEE BY CHANGING THE ZONING CLASSIFICATION
FROM R-1-AA AND R-1-AAA, SINGLE FAMILY
RESIDENTIAL DISTRICTS TO PUD, PLANNED UNIT
DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY
LOCATED ON MAGUIRE ROAD AND 2,800 FEET SOUTH
OF THE FLORIDA TURNPIKE AS PETITIONED BY THE
PROPERTY OWNERS: APPROVING A LAND USE PLAN:
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 Petitioners") 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 R-1-AA and R-1-AAA, SINGLE FAMILY
RESIDENTIAL DISTRICTS to PUD, PLANNED UNIT DEVELOPMENT DISTRICT
and to approve the Land Use Plan for said real property, dated
February 25, 1991 and revised through May 21, 1991, as prepared by
Glatting, Lopez, Kercher, Anglin, Inc. under Project No. 7933.01
(the "Land Use Plan"); and
WHEREAS, pursuant to Section 3.2 of Chapter II of
Appendix "A" of the Code of Ordinances of the City of Ocoee,
Florida ("the Ocoee City Code"), the Planning Director has reviewed
said petition and determined that the rezoning requested by the
Petitioner and the Land Use Plan are consistent with the 1979 city
of Ocoee Comprehensive Plan as set forth in Ordinance No. 719,
adopted April 15, 1980 ("the Ocoee Comprehensive Plan"); and
WHEREAS, said rezoning petition and 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 and the Land Use Plan for consistency with
the Ocoee Comprehensive Plan and determined that the rezoning
requested by the Petitioner and the Land Use Plan 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
zoning classification of said real property be rezoned to PUD,
PLANNED UNIT DEVELOPMENT DISTRICT, as requested by the Petitioner,
that the Land Use Plan be approved and that the Ocoee City
Commission find that the zoning requested by the Petitioner and the
Land Use Plan are 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
proposed rezoning of said real property and the Land Use Plan; and
WHEREAS, the Ocoee City commission has determined that
the zoning requested by the Petitioner and the Land Use Plan 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) (a), 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,
Florida has the authority 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 land located within
the corporate limits of the city of Ocoee, Florida, is hereby
changed from "R-1-AA and R-1-AAA, SINGLE FAMILY RESIDENTIAL
DISTRICTS" to "PUD, PLANNED UNIT DEVELOPMENT DISTRICT":
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
. section 3. The following Land Use Plan for the real
property described in Exhibit "A" attached hereto 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 Land Use Plan for the
Wesmere PUD, dated February 25, 1991, as
revised through May 21, 1991, as prepared by
Glatting, Lopez, Kercher, Anglin, Inc. under
Project No. 7933.01, a copy of which is
attached hereto as Exhibit "B" and by this
reference made a part hereof.
section 4. That the City Commission of the City of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance and the Land Use Plan to be consistent with the
Ocoee Comprehensive Plan.
section 5. The city Clerk is hereby authorized 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. 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 8. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this 21st day of May, 1991.
.
APPROVED:
CITY OF OCOEE, FLORIDA
~OR
(SEAL)
.
.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS 21ST
DAY OF MAY, 1991.
FOLEY
~~.~
City Attorney
By:
WP50\OCOEE\6889.txt(3}
01 (05j22j91)
ADVERTISED MAY 9, 1991
READ FIRST TIME MAY 7, 1991
READ SECOND TIME AND ADOPTED
MAY 21, 1991
APPROVED BY THE CITY
COMMISSION AT A MEETING
HELD ON MAY 21, 1991
UNDER AGENDA ITEM NO. V.A.
,...
EXHIBI'l' A
CITY OF OCOEE-
PROPOSED REZONING.
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CASE N). 1-3R-91:ARVIDA:
Involving a 213 acxe parcel referred to -Wesnere SUbdivision-. Located on
the west side of Maguire Road, 2,800 feet south of Florida Tumpike.
EXISTING ~ONING
-R-l-AA and R-l-AAA, Large IDt Single Fanily Dwelling ~istricts-
PROPOSED ZONING
-PUD, Planned lklit Developnent District-
PAGE 1 OF 3
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EXHIBIT A
LEGAL DESCRIPTION
.
The East 1/2 of the Northwest 1/4 and the West 1/2 of the
Northeast 1/4 of s~ction 31, Township 22 South, Range 28 East,
Orange County, Flor~da (less the South 30 feet thereof for right-
of-way) containing 160.494 acres.
Also the South 774.45 feet of the Southeast 1/4 (less the East
50.00 feet for road right-of-way) and the South 774.40 feet of
the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 22
South, Range 28 East, Orange County, Florida; containing 69.506
acres.
LESS THE FOLLOWING:
.
Commence at the Southeast corner of section 30, Township 22
South, Range 28 East, Orange County, Florida, run N00016'02IlE,
along the East line of the Southeast 1/4 of said Section 30, a
distance of 774.45 feet; thence departing said East line, run
N89052'46"W, a distance of 120.00 feet to a point on the North
line of Wesmere at Ocoee, Unit One, as recorded in Plat Book 25,
Pages 110-112, Public Records of Orange County, Florida, said
point also being the Northwest corner of Tract "A" of said
Wesmere at Ocoee, Unit One; thence departing said North line, run
SOo016'02"W, along the West line of said Tract "A", a distance of
250.07 feet; thence S43019'34"W, a distance of 119.95 feet to a
point on the North line of Tract "F" of said Wesmere at Ocoee,
unit One; thence run N89052'46"W, along said No~th line, a
distance of 57.36 feet to the point of curvature of a curve,
concave southerly, having a central angle of 10017'09" and a
radius of 233.33 feet; thence run Westerly along the arc of said
curve, a distance of 41.89 feet to the point of reverse curvature
of a curve, concave Northerly, having a central angle of
10017'09" and a radius of 233.36 feet; thence run WAsterly along
the arc of said curve, a distance of 41.89 feet to the point of
tangency; thence run N89052'46"W, a distance of 17.63 feet to the
Southeast corner of Tract "B" of said Wesmere at Ocoee, Unit One;
thence departing said North line of Tract "F", run NOoo07'14aE,
along the East line of said Tract "B", a distance of 35.00 feet
to the Northeast corner of said Tract "B"; thence N89 0 52' 4 61lW,
along the North line of said Tract "B" and its westerly
extension, a distance of 310.54 feet to a point on the East line
of Tract "C" of said Wesmere at Ocoee, unit One; thence run
NOoo07'14"E along the East line of said Tract "C", a distance of
5.00 feet to the Northeast corner of said Tract "C"; thence run
along the Northerly line of said Tract "c" the following courses
and distances; thence N89052'46"W, a distance of 560.00 feet;
thence SOoo07'14"W, a distance of 106.53 feet; thence
S31032'50"W, a distance of 50.07 feet; thence S42034'49IlW, a
distance of 14.66 feet; thence S62031'42"W, a distance of 152.67
feet; thence S87058'03"W, a distance of 151.58 feet; thence
S50 0 07' 47"W a distance of 60.59 feet to a point on the North
line of said Tract "F" of said Wesmere at Ocoee, unit One; said
PACE 2 OF 3
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.
.
point also being on a curve, concave Northerly, having a central
angle of 02047'21" and a radius of 616.34 feet; thence from a
tangent bearing of S89031'18"W, run Westerly along the arc of
said curve, a distance of 30.00 feet to the point of reverse
curvature of a curve, concave Southwesterly, having a central
angle of 08021'56" and a radius of 510.86 feet; thence run
Westerly along the arc of said curve and the North line of said
Tract "F", a distance of 74.59 feet to the point of reverse
curvature of a curve, concave Northeasterly, having a central
angle of 84038'46" and a radius of 25.00 feet; thence run
Northwesterly along the arc of said curve, a distance of 36.93
feet; thence departing said curve and said North line, run
S78035'28"W, a distance of 50.00 feet to a point on the East line
of Tract "0" of said Wesmere at Ocoee, Unit One; thence run
N11024'32"W, along said East line, a distance of 25.11 feet to
the Northeast corner of said Tract "0"; thence S78035'28"W, along
the North line of said Tract "0", a distance of 135.00 feet to
the Southwest corner of Lot 32, Block "A", said Wesmere at Ocoee,
Unit One; thence run the following courses and distances along
the Westerly line of Lots 32, 31, 30, 29, 28, and 27; thence
N07047'11"W, a distance of 75.72 feet; thence NOoo07'14"E, a
distance of 180.47 feet; thence N06004'28"E, a distance of 75.00
feet; thence N11014'01"E, a distance of 249.73 feet to a point on
the North line of said Wesmere at Ocoee, Unit One; thence
departing said Westerly line, run 589052' 46"E, a distance of
1753.27 feet to the POINT OF BEGINNING.
Containing 213.583 acres, more or less.
AVH3/502
PAT/dmm
LEGL6160
02/22/91
PAG: 3 OF 3