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Home My WebLink AboutOrdinance 2008-013 Rezoning - Citrus Oaks Center -d l-< (lJ (lJ ....- r::- (lJ 0 <IJ b (lJ p.. S-e <IJ 0 IUU ~...:l ~~ ~i- tJ r:: ~ ::l .... 0 r::U (lJ (lJ e b.O ::l r:: tJ IU o l-< 00 ~ ORDINANCE NO. 2008-013 (Rezoning Ordinance for Citrus Oaks Center Parcel) TAX PARCEL ID #: 21-22-28-6328-00-024. DOC ~ 20080581686 B: 9766 P: 3547 09/25/2008 07:46:34 AM Page 1 of 5 Rec Fee: $44.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE I EI~I~~~~II CASE NO. RZ-08-04-04: CITRUS OAKS CENTER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE P-S, "PROFESSIONAL OFFICES AND SERVICES" TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.13 ACRES LOCATED SOUTH OF AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND EAST OF AND ADJACENT TO CITRUS OAKS DRIVE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 2.13 acres, more particularly described in Exhibit" A" attached hereto and by this reference made a part hereof, from Ocoee P-S, "Professional Offices and Services," to Ocoee PUD, "Planned Unit Development;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application 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, on July 8, 2008 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City ORLA_1060851.2 Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on S~~r 2 2008 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is 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. AUTHORITY. The Ocoee City Commission 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. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 2.13 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee P-S, "Professional Offices and Services," to Ocoee PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning 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 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 2 ORLA_1060851.2 PASSED AND ADOPTED this 2nd day of ~008. ATTEST: .' , , , " ~ .. ",' /] !,: I"'~ . '~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND~i;AlJTY this ~ day of ~bt:/- ,2008. :~Lr~~ City Attorney ORLA_1060851.2 APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED -2'-1 , 2008 READ FIRST TIM S-, 2008. READ SECOND TIME D ADOPTED QJHyj-/~Ly Z, 2008. Unde;~~Item No. ~ 3 EXHIBIT "A" (The "Property") Legal Description THAT PAf~T OF THE FOLLOWING DESCR/BED PROPERTY LYING EAST OF CITRUS OAKS AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOI< 3517, PAGE 2126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. TRACT 2, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, AS RECORDED IN PLAT BOOK E, PAGE 52, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS THE SOUTH 741.29 FEET THEREOF AND ALSO, LESS THE STATE ROAD 50 RIGHT OF WAY. LYING IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST. AND ALSO LESS THE FOLLOWING TRACT OF LAND FOR THE EAST-WEST EXPRESSWA Y (RIGHT OF WAY): A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO BEING A PORTION OF TRACT 2, ORLANDO GROVES ASSOCIATION. LAKE LOTTA GROVES, AS RECORDED IN PLAT BOOK E, PAGE 52, OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA, BEING MORE PART/CUlARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECT/ON 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FlOr~IDA; THENCE RUN SOUTH 00019'50" EAST, A DISTANCE OF 82.22 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 50; THENCE RUN SOUTH 89048'00. WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 234.03 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY LINE RUN SOUTH 45035'12" WEST, A DISTANCE OF 50.19 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CITRUS OAKS AVENUE (PRIVATE STREET); THENCE NORTH 00"12'00" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 35.00 FEET TO THE SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 50; THENCE NORTH 89"48'00. EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 35.97 FEET TO THE POINT OF BEGINNING. TOGETHER WITH NON-EXCLUSIVE RIGHTS OF INGRESS AND EGRESS AS SET FORTH IN THAT CERTAIN NON-EXCLUSIVE EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 3534, PAGE 307, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. TOGETHER WITH THE LANDS LYING WEST OF THE CENTERLINE OF MICHIGAN AVENUE, AS NOW VACATED. LESS AND EXCEPT THOSE lANDS AS SET FORTH IN THAT ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4081. PAGE 3512 AND THAT STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 4092, PAGE 4297, OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA. 4 ORLA_1060851.2 ORLA_1060851.2 Q~ "--.:-..,~ - ,~.......,(I:Q"" M)'" 0 ~ _ . m.., --- - I".~ JYW::tII 1:Ia.,.... P.-', 1iI3I-:~=;:= z.cnn~ O>:.....o:cn Ger"e-a 'Cf'C;a.ral ",,"II .:;,;(s..o..~I~21 srg~.mt, ~I"g lll-I.'IM) srg~.mt, ~I"g lll-I.W srg~.mt, :Mel..g ill-I.'" srg~.mt, :Mel..g ill-II M o-oe- & -:v.e-Fom It ~I"g {ll-21 _...._F....,.,..ClIoO!ln~(...]1 _...."If H:re SUXMscn .;R"T-l1 __'1"". ClIIl:HlSelvces';F-fli _....Ii:I'DOtI'_l>-..n~ (vI) _ OCtn-l.t'lIt)' CO:"'!'I'fter:t.slI:C-~1 _Gorin CT-mor:IaI (~:;, ~~=:::~~~ _Ger"1n IniSTa 11-2; _. I :::cnr.-::a IP.o, _~.. oorOl"oJ iP\.Oi _...:lu...O.......'PJ:l1 _"7. Ceo\s", (PU:l1 _~"IC:'_..(FU:l1 r//.o..rd..sfted ..4t6rc \..."e--ECdes EXHIBIT "B" Citrus Oaks Center Proposed Zoning Map 5