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HomeMy WebLinkAboutOrdinance 2003-62 ORDINANCE NO. 2003-62 CASE NO.: LS-02-oo3: Prairie Lake PUD Amendment AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-I-A, "SINGLE FAMILY DWELLING DISTRICT" TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 20.694 ACRES LOCATED APPROXIMATELY 900 FEET EAST OF CLARKE ROAD AND JUST NORTH OF A.D. MIMS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE PRAIRIE LAKE PUD TO INCORPORATE SAID PROPERTY; 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 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 from R-1-A, "Single-Family Dwelling District" to Ocoee "PUD", Planned Unit Development District (the "Zoning") and to incorporate said property into the Prairie Lakes PUD and approve the Amended Land Use Plan for Prairie Lakes PUD (the "Amended LUP"); and WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Amended Land Use Plan was scheduled for study and recommendation and was reviewed by the development Review Committee ("DRC"); and WHEREAS, the DRC found that the Amended Land Use Plan was a substantial amendment to the existing Prairie Lakes Land Use Plan and approved said Amended Land Use Plan; and 006.316862.1 WHEREAS, the Zoning and the Amended Land Use Plan were scheduled for study and recommendation and were reviewed by the Planning and Zoning Commission of the City of Ocoee ("PZC"); and WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Amended Land Use Plan and 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 has recommended to the Ocoee City Commission that it approve the Amended Land Use Plan and the Zoning and find the Zoning consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Amended Land Use Plan and 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 containing approximately 20.694 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-1-A, "Single Family Dwelling District" to Ocoee "PUD", Planned Unit Development 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. SECTION 4. Land Use Plan. The above-described Property is hereby incorporated into and is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain Prairie Lake PUD Amendment (September 10, 2003) prepared by June Engineering Consultants, Inc. date stamped received by the City on November 3, 2003 with such additional -2- 006.316862.1 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 5. Official 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 Zoning 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. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JP A Agreement. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent 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. passage and adoption. Effective Date. This Ordinance shall become effective upon -3- 006.316862.1 PASSED AND ADOPTED this it. ?5day of j)lt:€mS6/., 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 55AW S. Scott Vandergrift, ayor (SEAL) ADVERTISED\Ml \1\\1.L.X'" I~ ,2003 READ FIRST TIME lh'el~b'Cl' ).,2003 READ SECOND TIME AND ADOPTED b ~(-' Il\ \:x .(~ \ lc , 2003 UNDER AGENDA ITEM NO. VI f3 I FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPR1VED AS TOAORM AND LEGAL~ By: City Attorney -4- 006.316862.1 EXHIBIT "A" Legal Description PARCEL 2 A PORTION OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 22 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE JA ) OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE NORTH 00006'28" WEST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (NE JA) OF SAID SECTION 9, A DISTANCE OF 55.34 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00006'28" WEST, 1276.32 FEET; THENCE NORTH 89046'12" WEST ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER (SE JA ) OF THE NORTHEAST ONE-QUARTER (NE JA) OF SAID SECTION 9, A DISTANCE OF 684.51 FEET; THENCE SOUTH 00024'51" EAST, 1333.20 FEET; THENCE SOUTH 89053'44" EAST, 466.47 FEET, THENCE NORTH 75023'15" EAST ALONG THE NORTHERLY LINE OF A 60 FOOT WIDE RAILROAD RIGHT-OF-WAY, 217.84 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, CONTAINING 20.694 ACRES, MORE OR LESS. -5- 006.316862.1 EXIDBIT "B" Additional Land Being Added to Prairie Lake PUD Location Map <', \.,~ ) i ,.J LAKE j \ MEADOW ~~~ ~ ~\~ _\ j~jJ ') ( ...m_~\/'/ ) r--."/ ~d'#,< ",/ v ,_.-. r , PRAlRJE LAKE e -6- 006.316862.1 EXHIBIT "C" [Insert Land Use Plan] -7- 006.316862.1