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Home My WebLink AboutOrdinance 2010-038 Rezoning Fountains West aka Walgreens ORDINANCE NO. 2010-038 (Rezoning Ordinance for Fountains West (AKA Walgreens)) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT TO OCOEE "C -2" ZONING, COMMUNITY COMMERCIAL DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO WEST ROAD AND EAST OF AND ADJACENT TO OCOEE- APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. WHEREAS, the owner (the "Owner ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to rezone said real property to Ocoee "C -2," Community Commercial District (the "Zoning "); WHEREAS, pursuant to Section 5 -9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "), the Planning Manager has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City o i 201006350 B : 140 Po; 1022 g g �' f Ocoee "PZC" ("PZC"); 11/30/2010 02:5 PM Pag 1 of 6 Rec Fee: $52.50 Martha 0. Haynie, Comptroller Orange County FL MB - Bet To: OCOEE Iu ORLA 1643850.3 aradiA,1011111 WHEREAS, on October 27, 2010 the PZC held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan; WHEREAS, on November 16, 2010 the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; 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. Authority. 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. Rezoning. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee "PUD" Zoning, Planned Unit Development District to Ocoee "C -2" Community Commercial District: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property "). SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. ORLA_1643850.3 -2- SECTION 5. Official Zoning Map. The City Clerk is authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this Ordinance and the Mayor and City Clerk are 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. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 7. 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 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 ten (10) days after its passage and adoption. ORLA_1643850.3 -3- PASSED and ADOPTED this 16 day of November , 2010. ATTEST: CITY OF OCOEE, FLORIDA r y r.�-} c ,. ....._ 7 .' i lam' •�"�� 1,' � '�� V�./- Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED November 4 , 2010 READ FIRST TIME Nov . 2 , 2010 y READ SECOND TIME AND PASSED November 16 , 2010 UNDER AGENDA ITEM NO 6c - r . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO AND LEGALITY this 16. day of Navg41-4 r , 2010. FOLEY LARDNER LLP A.t(1 By: City Attorney ORLA_1643850.3 -4- EXHIBIT "A" The Property PARCEL A: BEGIN AT THE CENTER OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S00 °48'40 "W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6 A DISTANCE OF 5.79 FEET TO THE BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE LEAVING SAID EAST LINE RUN ALONG SAID BOUNDARY THE FOLLOWING TWO COURSES: N88 °29'02 "W 142.93 FEET; THENCE S28 °17'59 "W 78.88 FEET TO THE SOUTH LINE OF THAT PARCEL CONVEYED IN OFFICIAL RECORDS BOOK 10076, PAGE 6601, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN ALONG SAID SOUTH LINE THE FOLLOWING TWO COURSES: S80 °14'05 "W 52.70 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 766.19 FEET AND A CENTRAL ANGLE OF 11°37'09"; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 155.38 FEET TO THE AFOREMENTIONED BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE LEAVING SAID SOUTH LINE RUN N61 °29'41 "W ALONG SAID BOUNDARY 115.57 FEET TO A NORTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF OCOEE - APOPKA ROAD AS SHOWN ON ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN N28° 17'59 "E 8.53 FEET TO THE EAST / WEST CENTER SECTION LINE OF SAID SECTION 6; THENCE RUN S86 °38'32 "W ALONG SAID EAST / WEST CENTER SECTION LINE A DISTANCE OF 23.50 FEET TO A SOUTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF SAID OCOEE - APOPKA ROAD; THENCE RUN N28° 17'59 "E ALONG SAID PROJECTION AND THE EASTERLY RIGHT OF WAY LINE OF OCOEE- APOPKA ROAD A DISTANCE OF 198.42 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST ROAD AS SHOWN ON AFORESAID ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF WEST ROAD THE FOLLOWING FIVE COURSES; N66 °47'07 "E 58.56 FEET; THENCE S74 °43'06 "E 252.14 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2033.50 FEET AND A CENTRAL ANGLE OF 02 °59'29 "; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 106.17 FEET TO A POINT; THENCE RUN S07 °26'06 "W 18.12 FEET; THENCE N80 °14'05 "E 17.26 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE RUN S00 °48'40 "W ALONG SAID EAST LINE A DISTANCE OF 61.19 FEET TO THE POINT OF BEGINNING. ORLA_1643850.3 -5- b EXHIBIT "B" Fountains West, Lot 7 Location Map I 5 I ur : :,11! jI j1( wail an Nona . I 1 2 avm1wu . l� GE : EF „ Elm L �,�,�, : r ,N r• = . ti eke 143a 47 0 — L J Fuller Cos - I 44 I I II ORLA1 643850.3 -6-