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Home My WebLink About2013-026 Barkeritaville - RezoningDOCH 20130627678 B: 10670 P: 0611 11/27/2013 10:36:49 AM Page 1 of 5 Rec Fee: $44.00 ORDINANCE NO. 2013 -026 (Rezoning Ordinance for Barkeritaville) Martha 0. Haynie, Comptroller Orange County FL MB - Ret To: 6cOEE 111IRMSE,AM11II TAX PARCEL ID: 31- 22- 28- 0000 -00 -003 31- 22- 28- 0000 -00 -004 CASE NO. RZ- 13- 08 -07: Barkeritaville AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY CITRUS RURAL DISTRICT (A -1) TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 14.31 ACRES LOCATED ON THE EAST SIDE OF TOMYN ROAD AND NORTH OF ROBERSON ROAD, 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 14.31 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from. Orange County Citrus Rural District (A -1) 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 991 -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 September 10, 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 September 17, 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. AUT'HORI'TY 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 14.31 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County Citrus Rural District (A -1), 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. 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 Barkeritaville PUD prepared by Florida Engineering Group, date stamped received by the City on August 28, 2013 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 L.,and 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. CONFLICTING 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 `:5 day of \\.'[ C ti i r , 20 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 4 13etikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this } day of Oc>\J , 20 1 3 Shuffield Lowman & Wilson P.A. By: Scott A. o s ty Atto ey S. Scott Vandergrift, Mayor ADVERTISED -': 201 READ FIRST TIME 20 d. READ SECOND TIME AND ADOPTED 201:�. Under Agenda Item No. rte 3 EXHIBIT "A" (The "Property ") PARCELS 1, 2,3 AND B ALSO BEING DESCRIBED AS: A portion of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCE at the West 1/4 corner of Section 31, Township 22 South, Range 28 East, Orange County, Florida; thence run North 00'19'13 " West, along the West line of the Northwest 1/4 of said Section 31, for a distance of 1317.53 feet to the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said West line, run North 89 °14'11" East, along the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 388.08 feet to a point on the Easterly limited access right of way line of State Road 429 to the POINT OF BEGINNING; thence departing said North line, run North 31 °29'02" East, along said Easterly limited access right of way line, for a distance of 87.82 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 149239 feet, a chord bearing of North 25 °58'25" East and a chord distance of 286.63 feet; thence run Northerly along the arc of said curve, and said Easterly limited access right of way line, through a central angle of 11 °01'16" for an arc distance of 287.07 feet to a point on the North line of the South 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said curve, and said Easterly limited access right of way line, run North 89 °08'47" East, along said North line, for a distance of 764.66 feet to a point on the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said North line, run South 00 °12'40" East, along the said East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31, and the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 495.83 feet to a point on the South line of the North 5 (five) acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89 °14'11" West, along said South line, for a distance of 662.52 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said South line, run South 00 °15'56" East, along said East line, for a distance of 496.49 feet to a point on the South line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89 °24'59" West, along said South line, for a distance of 367.03 feet to a point on the East line of the West 295 feet of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence run North 00 °19'13" West along the said East line, for a distance of 510.34 feet to a point on the aforesaid Easterly limited access right of way line of State Road 429; thence departing said East line, run North 31'29'02" East, along said Easterly limited access right of way line, for a distance of 176.59 feet to the POINT OF BEGINNING. Containing 14.31 acres, more or less. 4 EXHIBIT "B" Exhibit "B" Location Map 0 i i t KE PJANOYI Y k i I L � E L i — Roberson 5