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Home My WebLink AboutOrdinance 2008-019 Fountains at Highland Park Rezoning ORDINANCE NO. 2008-019 (Rezoning Ordinance for Fountains at Highland Park) DOC. 20090571221 B: 9939 P: 3771 09/25/2009 08:50:50 AM Page 1 of 5 Rec Fee: $44.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange County~ FL MB - Ret To: uCOEE IIII ~r~~t~~~m~11111 TAX PARCEL ID #s 30-22-28-0000-00-014; CASE NO. RZ-.QJL-O 9 -~: Fountains at Highland Park AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE C-3, "GENERAL COMMERCIAL" TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 12.34 ACRES LOCATED SOUTH OF AND ADJACENT TO THE FLORIDA TURNPIKE AND APPROXIMA TEL Y 1200 FEET WEST OF MAGUIRE ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 12.34 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee C-3, "General Commercial" 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, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JP A Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City has the authority to establish zoning for the real property hereinafter described and to exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and ORLA_1130574.1 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 October 14, 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 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 November 18 ,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 12.34 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C-3, "General Commercial" to Ocoee PUD, "Planned Unit Development." SECTION 3. MAP. A map of said land herein described, which clearly shows the area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the JP A Agreement. SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 ORLA_1130574.1 SECTION 7. SEVERABILITY. Ifany 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this18thday of November ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVEP. AS TO FO~AND LEGALITY THIS Ji..- DAY OF 5~~1xr ,~JODf ::LEyt7~~ City Attorney ORLA_1130574.1 ,2008. APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED November 6, ,2008 READ FIRST TIME Nov. 4 , 2008. READ SECOND TIME AND ADOPTED November 18, ,2008 UNDER AGENDA ITEM NO. 10 3 ExmBIT "A" LEGAL DESCRIPTION THE SW 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING SOUTH OF TURNPIKE RIGHT OF WAY, LESS LIMITED ACCESS RIGHT OF WAY ON THE WEST, ORANGE COUNTY, FLORIDA. TOGETHER WITH: ROAD RIGHT OF WAY ON THE SOUTH AND LANDS PER AGREEMENT ORB. 5732, PG. 3468 Also Known As: Legal Commence at the southwest corner of the northwest 1,4 of Section 30, Township 22 South, Range 28 East; thence N89031 '26"E along the south line of the north Ih of said Section 30 3224.20 feet; thence NOooOO'OO"E, 70.00 feet to the north right of way line of Tomyn Road and the Point of Beginning; thence continue NOooOO'OO"E, 662.54 feet to a point on the south right of way line of the Florida Turnpike; thence N89040'08"E along said south right of way line, 339.93 feet to a point of curvature of a curve concave to the south; thence run easterly along said curve having a radius of 4495.60 feet, a delta of 04059'50" an arc distance of 392.10 feet to a point on the west line of the southeast 1,4, of the northeast IA said Section 30; thence SOooI9'41"E along said west line 713.58 feet to a point on said south line north V2 Section 30; thence S89031 '26"W along said south line 285.35 feet; thence SOo028'34"E, 106.79 feet to said northerly right of way line of Tomyn Road and a curve concave to the southwest; thence run northwesterly along said curve having a radius of 750.00 feet, a delta of 08006'26", a chord bearing of N64024'56"W an arc distance of 106.12 feet; thence continue along said right of way line N68028'09"W, 80.62 feet; thence N65043'20"W, 143.29 feet; thence N72030'33"W, 103.35 feet to a point of curvature of a curve concave to the southwest; thence run westerly along said curve having a radius of 166.48 feet, a delta of 17058'01" an arc distance of 52.21 feet to the Point of Beginning. Said lands containing 12.34 acres more or less. 4 ORLA_1130574.1 EXIDBIT "B" Fountains at Highland Park Location Map ~ c: co LL ~ o 5 ORLA_1130574.1