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Home My WebLink AboutOrdinance 2003-61 ORDINANCE NO. 2003-61 CASE NO.: AP-02-02-01: Ocoee Commons PUD Amendment AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE C-2, "COMMUNITY COMMERCIAL DISTRICT" TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMATELY 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE OCOEE COMMONS 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 C-2, "Community Commercial District" to Ocoee "PUD", Planned Unit Development District (the "Zoning") and to incorporate said property into the Ocoee Commons PUD and approve the Amended Land Use Plan for Ocoee Commons 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 006.315479.1 WHEREAS, the DRC found that the Amended Land Use Plan was a substantial amendment to the existing Ocoee Commons Land Use Plan and approved said Amended Land Use Plan; and 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 9.116 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C-2, "Community Commercial 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: -2- 006.315479.1 That certain Amended Land Use Plan for Ocoee Commons PUD prepared by Design Service Group, Inc. date stamped received by the City on November 5, 2003 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 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- 006.315479.1 PASSED AND ADOPTED this Li!.. day ofJJ~C6II1Ik::L 2003. APPROVED: CITY OF OCOEE, FLORIDA ,S S? &tf a ~r/1- S. Scott Vandergrift, Mayo (SEAL) ADVERTISEDll)CCc'w\b.Q)''- q ,2003 READ FIRST TIME lA-x-e \ n bic'_r::~, 2003 READ SECOND TIME AND ADOPTED "- 1}(' (\:..,"Y\\ ~.r } I", . , 2003 UNDER AGENDA ITEM NO. V I t. I FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO F9lJM AND LEGALITY this ~ day of /Vli'! ' 20af FOLEY & LARDNER LLf By: _p ~), iWJIj City Attorney -4- 006.315479.1 EXHIBIT "A" Legal Description EAST Y2 OF SOUTHWEST ~ OF SOUTHEAST ~ OF SOUTHEAST ~, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST Y2 OF SOUTHEAST ~ OF SOUTHEAST ~ OF SOUTHEAST ~, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89028'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ~ OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE NOoo26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89023'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE NOoo23'10"E A DISTANCE OF 599.28 FEET; THENCE S89009'40"E A DISTANCE OF 664.37 FEET; THENCE SOoo26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. -5- 006.315479.1 EXHIBIT "B" Additional Land Being Added to Ocoee Commons PUD Location Map ~--m~,-f1IIIIr- ---' ~ rl 1{1 ~.T ~I~~ ~ ...... a'~ ' - I- 1= I- ....lIIP -ri - l- \- 1\ ..:: Ii ~~r- ~;o - :::. \ rn,~~ 1= .-- GENEVA r "\ = ~ - =t =r1 I:: "'- - IH _\I = ""I D Ell; :: ~ s..rrQ i- - ~t: I; - '4.: - \ B - - PM.lNE - - \ IJ ~~ - \ 0 - C\i at: - J o ..0 ~ LAKE BENNET ..... ...0 ,bJ2 ....J. .. c :5 , .. ~ u ---L W.. COL~ l DF ~~ .J 7 [ 0 I [ 0 0 0 ,r ~WINll: ~!OeN /fo -I GROVE ._~ ~~ ~ i~~[J ll~~ ~ e ~-,~~tPJ / - - - - = F - - e.~ l~ \ 1 f J. I - -6- 006.315479.1 EXHIBIT "C" [Insert Land Use Plan] -7- 006.315479.1