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Home My WebLink About2013-001 Foundation of Lights - RezoningDOCU 20130116105 B: 10529 P: 6620 02/28/2013 11:49:50 AM Page 1 of 9 Rec Fee: $78.00 Martha 0. Haynie, Comptroller Orange County FL ORDINANCE NO. 2013-001 MS - Ret To : 6COEE (Rezoning Ordinance for Foundation of Lights) TAX PARCEL ID #: 17- 22 -28- 6144 -03 -650 17- 22 -28- 6144 -03 -661 17-22-28-6144-03-400 CASE NO. RZ- 12- 02 -01: Foundation of Lights PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R -1A, "SINGLE FAMILY DWELLING" DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL. PROPERTY CONTAINING APPROXIMATELY 2.26 ACRES LOCATED ON FLORAL STREET WEST OF KISSIMMEE AVENUE AND EAST OF CUMBERLAND AVENUE, 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 2.26 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee R -1 A, "Single Family Dwelling" District, 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 January 8, 2013, 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 February 19, 2013 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 2.26 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -1A, "Single Family Dwelling" District, to Ocoee PUD, "Planned Unit Development." A trap 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. LAND USE PLAN The following band Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth on: That certain Land Use Plan for Foundation of Lights PUD prepared by Unroe Engineering, Inc., date stamped received by the City on December 3, 2012, 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 the same. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 4. 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 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. 2 SECTION 6. CONFLICTLNG ORDINANCES 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 ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of__ 2013 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor � (SEAL) ADVERTISED�.� �, 2013 READ FIRST "TIME `►� f� .2013. READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 1 0 1 -1 � day of , 2013. SHUFFIELD, L OWMAN & WILSON, P.A. By: ttorney _ - - - -- - 2013. Under Agenda Iteh No. 3 EXHIBIT "A" The "Property" BEGIN AT THE NORTHEAST CORNER OF SAID LOT 65, BLOCK 3, TOWN OF OCOEE, SAID CORNER BEING AT SOUTHWEST INTERSECTION OF CUMBERLAND AVENUE AND FLORAL STREET PER SAID PLAT OF TOWN OF OCOEE, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE N89 °55'18 "W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID FLORAL STREET, SAID LINE ALSO BEING THE NORTHERLY LINE OF SAID LOTS 65 THROUGH 68, BLOCK 3, A DISTANCE OF 322.28 FEET TO THE NORTHWEST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, S00 °02'42 "E ALONG THE WESTERLY LINE OF SAID LOT 68, BLOCK 3, A DISTANCE OF 92.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD AND CAP LB #6987; THENCE S89 °56'42 "E ALONG THE SOUTHERLY LINE OF SAID LOT 68, BLOCK 3, A DISTANCE OF 167.58 FEET TO THE SOUTHEAST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD AND CAP LB #6987; THENCE S00 °01'1.9 "E, ALONG THE WESTERLY LINE OF SAID LOT 67, BLOCK 3, AND THE PROLONGATION THEREOF, A DISTANCE OF 11.5.44 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE SAID NORTH 1/2 OF VACATED ALLEY LYING SOUTH OF LOTS 65 THROUGH 67, BLOCK 3, SAID INTERSECTION BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE S89 °58'16 "E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 154.57 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SAID CUMBERLAND AVENUE, SAID INTERSECTION BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE DEPARTING SAID SOUTHERLY LINE, N00 ° 00'00 "W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 207.94 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 65, BLOCK 3, TOWN OF OCOEE, SAID CORNER BEING AT SOUTHWEST INTERSECTION OF CUMBERLAND AVENUE AND FLORAL STREET PER SAID PLAT OF TOWN OF OCOEE, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE N00 °00'00 "W ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE OF SAID CUMBERLAND AVENUE A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 42, BLOCK 3, OF SAID PLAT OF TOWN OF OCOEE, SAID CORNER BEING THE POINT OF BEGINNING AND BEING MONUMENTED BY A 5/8" IRON & CAP LB #3019; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE, N89 °55'18 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID FLORAL STREET, A DISTANCE OF 322.32 FEET TO THE SOUTHWEST CORNER OF SAID LOT 39, BLOCK 3; SAID CORNER BEING MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY, N00 °02'42 "W, ALONG THE WESTERLY LINE OF SAID LOTS 39 THROUGH 37, BLOCK 3, A DISTANCE OF 199.65 FEET TO THE NORTHWEST CORNER OF SAID LOT 37, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 1/2" IRON ROD & CAP LB #6987; THENCE S89 °58'59 "E ALONG THE SOUTHERLY RIGHT OF WAY LINE OF A 16 FEET WIDE ALLEY PER SAID PLAT OF TOWN OF OCOEE, SAID LINE ALSO BEING THE NORTHERLY LINE OF SAID LOTS 37 AND 40, BLOCK 3, A DISTANCE OF 217.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 40, BLOCK 3, SAID CORNER BEING WITNESSED BY A 1/2" IRON ROD & 4 CAP LB #6987 LYING N89 °58'59 "W, A DISTANCE OF 5.00 FEET FROM SAID CORNER; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, S00 °00'54 "E, ALONG THE EASTERLY LINE OF SAID LOT 40, BLOCK 3, A DISTANCE OF 130.00 FEET TO A POINT BEING MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID EASTERLY LINE, S89 °58'59 "E, A DISTANCE OF 104.80 FEET TO AN INTERSECTION WITH THE SAID WESTERLY RIGHT OF WAY LINE OF CUMBERLAND AVENUE, SAID INTERSECTION BEING MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE S00 °00'00 "E. ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 69.99 FEET TO THE POINT OF BEGINNING. CONTAINING 2.26 ACRES MORE OR LESS 5 EXHIBIT 661399 [MAP] Foundation of Lights PUD Location Map J II I iII_ 1 1 W �1¢ke�� Iree M >1 (Z I T W Ohi , St 6 EXHIBIT "(:" LAND USE PLAN tljo Z J 9 Vacont - J Kissimmee Avenue (60 ROW) r I a Pene w� =t 1 cos �1 N ' se:b I J P I I \l t L - m Y— X ,� eulfer —_ , eaa no w 4�oy Cumberland Avenue (16 Pavement, 60 ROW) _ o�� m Adtacent Lse 1& O I dl 1 E 0 1 1o li d BL��t .. Y, _ 6 i - 4.�. 6 6 4 6 0l po :6 sg fl� 06 .p d t 6 6 0 B a 6 f p Ak_ 4 ;6 r ti� 0 6 p 6' �•6 `a� o ` 1 I P a s m ��d�e 3 f �� InB adcaaD iol�Ol __ T N s aoac I r � i l 6F 66. II I �.0 I - I 1 8I N P Aa c t we s1a t 15' La b. ope 8,11'z �• 69 99 _.:Cumberland Avenue (18' Pavement, 60 ROW)' u Adi — Z.— a a IIC I N � R;� fak fI �`1, 032 &o - ne n�: '5 :5m _- L E e y o r ray _ L _ ?•e i S ;a vomo =g ^g 9 ce'S4Yo 8 .n amF o r R � 2 g €omor; °ua >N =gC $ S 9 —`m° 1 • 1 =M�h 0 MM% 5 nber!ond 4.e - �- ---® - t—a d Unr ®e Engineering, i Foundation of Lights a Planned Unit Development c'..11 e o .ahr a lar,., a =IPr,rtno e..dtaa +tor, x . z tz /oX /tz cry C-1-1 _ — - Fo a.,x esoea_ on Ft awes -osaz - toha /12 City cn,n,n - Y 02 Floral .� trccct. Ocoa�e, Flc°r,eiz 3a'76i a ico sAVbo izaiicc cm ai -Eo oaoaC529 p 99 -0650 t y 0/15/12 City Comments - v v u „ A � E �. a u n n cam> z d g once oe :crlvtten c p Ion c u d Dote oezel t VIII �Ir 3 CD o96ass l`ompo 060! r- x+03 %.°,m�3��93n959yq ! � °'O S ;a vomo =g ^g 9 ce'S4Yo 8 .n amF o r R � 2 g €omor; °ua >N =gC $ S 9 —`m° 1 • 1 =M�h 0 MM% 5 nber!ond 4.e - �- ---® - t—a d Unr ®e Engineering, i Foundation of Lights a Planned Unit Development c'..11 e o .ahr a lar,., a =IPr,rtno e..dtaa +tor, x . z tz /oX /tz cry C-1-1 _ — - Fo a.,x esoea_ on Ft awes -osaz - toha /12 City cn,n,n - Y 02 Floral .� trccct. Ocoa�e, Flc°r,eiz 3a'76i a ico sAVbo izaiicc cm ai -Eo oaoaC529 p 99 -0650 t y 0/15/12 City Comments - v v u „ A � E �. a u n n cam> z d g once oe :crlvtten c p Ion c u d Dote oezel t DESCRIPTION: (AS FURNISIMID) 'IT L07 37. 3 31 � �. BLOCK 3 70T OF OCOEE A111111- TO TU 'IT 11 11L .1 EN rT c aECOans or ORAU_E rouvT'Y r..oam�. 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