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Home My WebLink AboutOrdinance 2003-42 ORDINANCE NO. 2003-42 CASE NO.: RZ-03-01-10 PARCEL ID: 06-22-28-0000-00-066 TOWNS OF WESTYN BAY REZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-3 "MULTI-FAMILY DWELLING" TO "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 18.3 ACRES LOCATED ON THE NORTH SIDE OF OCOEE CROWN POINT PARKWAY, WEST OF ITS INTERSECTION WITH OCOEE APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 Ocoee R-3, "Multi-Family Dwelling" to Ocoee "PUD", Planned Unit Development District (the "Zoning"); 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JP A Agreement") and WHEREAS, the JP A Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part IT of Chapter 163, Florida Statutes; and WHEREAS, the Zoning was scheduled for study and recommendation and was 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 Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JP A Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Amendment; 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. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article vrn 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 18.3 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-3, "Multi-Family Dwelling" 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 following Land Use Plan for the Property is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain PUD Land Use Plan for Towns of Westyn Bay Planned Development prepared by Daly Design Group, Inc. date 006.299931.1 -2- stamped received by the City on August 29, 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 IPA 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, distmct, 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 upon passage and adoption. J PASSED AND ADOPTED this dL (fay of [) c IV B~2003. APPROVED: CITY OF OCOEE, FLORIDA " / f: I S. Scott Vandergrift, Mayor (SEAL) ADVERTISED 0 C. 't 0 a E II 9 , 2003 READ FIRST TIME Dc:r01\Ell ':I ,2003 READ SECOND TIME AND ADOPTED o c:. 'T 0 'h: R 2. I , 2003 UNDER AGENDA ITEM NO. ~ Po 2. a. 006.299931.1 -3- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO .F~ AND LEGALITY this -aL day of 0, ,~ , 2003. ::LEY P:;ifku City Attorney 006.299931.1 -4- EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OFT HE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN S86038'40"W ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4,649.91 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 437; THENCE RUN N28017'18"E ALONG SAID WESTERLY RIGHT OF WAY LINE, 450.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N28017'18"E, 363.58 FEET; THENCE DEPARTING SAID RIGHT-OF- WAY LINE RUN S87028'23"W, FOR A DISTANCE OF 359.74 FEET; THENCE RUN NOI022'08"E, 585.48 FEET; THENCE RUN S8r28'22"W, 764.56 FEET; THENCE RUN S02031'38"E, 44.46 FEET; THENCE RUN S21052'34"W, 402.58 FEET; THENCE RUN S47029'33"W, FOR A DISTANCE OF 226.67 FEET; THENCE RUN S35009'18"E, 255.37 FEET; THENCE RUN S77005'lO"E, 124.78 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 760.00 FEET, A CENTRAL ANGLE OF 39033'43", AND ARC LENGTH OF 524.77 FEET, A CHORD BEARING OF N85030'02"E AND A CHORD LENGTH OF 514.41 FEET; THENCE RUN S74043'06"E, 428.51 FEET TO A CURVE CONCAVE TO THE NORTH; THENCE RUN NORTH-EASTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 76059'36", A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 67.19 FEET, A CHORD BEARING OF N66047'06"E AND A CHORD DISTANCE OF 62.25 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 18.336 ACRES MORE OR LESS. 006.299931.1 -5- EXHIBIT "B" Location Map Towns of Westyn Bay Lake Apopka Subject . roperty NORTH o 006.299931.1 -6- EXHIBIT "C" To Be Inserted: Land Use Plan 006.299931.1 -7-