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Home My WebLink About2013-008 Park Place - RezoningDOC# 20130318993 B: 10587 P: 4014 06/18/2013 02:19:14 PM Page 1 of 13 Rec Fee: $112.00 Martha 0. Haynie, Comptroller Orange County, FL ORDINANCE NO. 2013-008 MB - Ret To: OCOEE (Rezoning Ordinance for Park Place) I AR11', k I +'III TAX PARCEL ID #: 29- 22 -28- 8895 -01001 CASE NO. RZ- 12- 06 -03: Park Place (fka Skorman /Lake Butler Property) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE GENERAL COMMERCIAL (C -3) DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 14.11 ACRES LOCATED ON THE NORTHEAST CORNER OF MAGUIRE ROAD AND TOMYN ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR A REVERTER CLAUSE; 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 14.11 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee General Commercial (C -3) 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 August 14, 2012 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 May 21 _201 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 l 4.1 1 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee General Commercial (C -3) District, to Ocoee PUD, "Planned I Tnit 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. LAND USE PLAN The following Land 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 thereon: That certain Land Use Plan for Park Place PUD prepared by Miller Legg, date stamped received by the City on February 28 2 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 "Land Use Plan "). The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 4. REVERTER The Conditions of Approval incorporated into the Land Use Plan require that, subject to the absence of certain conditions, the developer of the Property make application for the first building permit for the residential portion of the site not later than eighteen (18) months after the date of approval of the Land Use Plan. In the event the application for building permit condition is not met and the City Commission does not desire to extend the time period, after notice and public hearing, the City Commission may terminate the Land Use Plan and cause that the zoning for the Property revert back to Ocoee General Commercial (C -3) District. 2 SECTION 5. 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 6. 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 7. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 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. PASSED AND ADOPTED this 0= — day of , 2013. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 1 enberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ZI a` day of MA'y , 20 Shuffield Lowman & Wilson P.A. S. Scott Vandergrift, Mayor ADVERTISED , 20a READ FIRST TIME 11 , 20 0. READ SECOND TIME XND ADOPTED , 20L Under Ag nda Item No. By: Scott A. EXHIBIT "A" (The "Property ") PARCEL 1, VILLAGES OF WESMERE, AS RECORDED IN PLAT BOOK 70, PAGES 9 THROUGH 17, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. CONTAINS 614,510 SQUARE FEET OR 14,107 ACRES MORE LESS a] EXHIBIT "B" t t t • i f t - +' �r = F. 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M . . . ....... z 0 0 & - ' 0 m 0 LU NOUVbIOdH03 IN3WdOl3A30 NVWHONS :Ho V4IHO 33VId Ladd 3k 3111W g 71 NVId NOIS[Aiasns . ! M . . . ....... z 0 0 & - ' 0 m 0 LU NOIIVElOdHO3 IN3WdOl3A3a NVWHONS :UO=l valEjo 0032,� R 3111W N", 10 30V Id )IHV d 6 NVId 311S 3 V ge 6 MH of i, H M. z W we a €a Ilk T H.1 O'MZ, . MH 9 M A�i E < I MP 2M �H' dq VjY it I I I I o f wl wo Mayor S. Scott Vandergrift City Manager Robert Frank TO: CLERK/COMPTROLLER ORANGE COUNTY, FLORIDA Post Office Box 38 Orlando, FL 32802 Recording: Fees For Rec FROM: Beth Eikenberry, City Cleric 1St Page c $10.00 City of Ocoee Add'1 Pages = $ 8.50 150 N. Lakeshore Dr. Ocoee, FL 34761 DATE RE: Instrument Doc Stamps Recording Costs Total Commissioners Gary Hood, District I Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel feller, District 4 F w . * - ' Mq W. 0 A P uh P ei ULM IL - TOTAL $ , SPECIAL INSTRUCTIONS: Please charge to the City of Ocoee, Account # 142, Pin #2363. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 pliom: (407) 905 -3100 • fax: (407) 905 -3168 • wwNv.ocoee.org Mayor S. Scott Vandergrift City Manager Robert Frank June 13, 2013 Martha O. Haynie, Orange County Comptroller P.O. Box 38 Orlando, FL 32802 Dear Sir /Madam: Commissioners John Grogan, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 On May 21, 2013, the City of Ocoee adopted Ordinance No. 2013 -008 for Case No. RZ- 12 -06- 03: Park Place PUD (fka Skorman/ Lake Butler Property). The subject property is located on the northeast corner of Maguire Road and Tomyn Road. Enclosed is the adopting Ordinance No. 2013 -008 for Case No. RZ- 12- 06 -03: Park Place PUD, which includes the legal description and a map showing the affected area. Please update your records to reflect this change in Ocoee's Zoning Map. If you have any questions or need additional information, please contact Diana Turner, Municipal Records Coordinator at (407) 905 -3100, extension 9 -1023. Sincerely, iana Turner Municipal Records Coordinator Enclosure City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoeeAus _ r enter of Good r ;,_ _