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Home My WebLink AboutOrdinance 2003-14 ORDINANCE NO. 2003-14 (PUD Zoning Ordinance for Ocoee Commons PUD) TAX PARCEL ID #s 17-22-28-6144-07-170 20-22-28-0000-00-025 20-22-28-0000-00-028 CASE NO. AP-02-02-01 OCOEE COMMONS PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 65.2943 ACRES LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 AND BLACKWOOD AVENUE, 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 zone said real property to Ocoee "PUD", Planned Unit Development District (the "Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of 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 1991 006.285685. 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 "JPA Agreement") and WHEREAS, the JPA 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 II of Chapter 163, Florida Statutes; and WHEREAS, the Zoning was scheduled for study and recommendation 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 JP A 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 fmd 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 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; and 006.285685. -2- WHEREAS, the Owner has requested that this Ordinance not become effective until such time as the Owner has conveyed the Property to the Property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. 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. Zoning. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 65.2943 acres located within the corporate limits of the City of Ocoee, Florida, is hereby established as 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 Land Use Plan for Ocoee Commons PUD prepared by Design Service Group, Inc. date stamped received by the City on MUtl4 12120/):! 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. 006.285685. -3- 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 and JPA Consistency. The Ocoee City Commission hereby fmds 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. Effective Date. This Ordinance shall become effective upon Ordinance No. 2003-~ (Annexation Ordinance for Ocoee Commons PUD) becoming effective according to its terms. 006.285685. -4- PASSED AND ADOPTED this i'tS l'~ day of M A1?~Jt , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA II I} .A d:s;;,rV~411 S. Scott Vandergrift, Mayor ' (SEAL) ADVERTISED March 2 & March 9, 2003 READ FIRST TIME March 4, 2003. READ SECOND TIME AND ADOPTED rJlltY~t\ 1'6 , 2003 UNDER AGENDA ITEM NO. "I Pi. I ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this ,\:.;) day of,J'lJ;J(Z ,2003. FOLEY & LARDNER ttorney 006.285685. -5- EXHIBIT "A" COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; RUN THENCE N.89028'55"W. A DISTANCE OF 995.69 FEET; RUN THENCE N.00023'1O''E. A DISTANCE OF 69.51 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF COLONIAL DRIVE (STATE ROAD 50), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N.89023'37"W. ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 331.93 FEET TO THE SOUTHEAST CORNER OF LAKE BENNET CENTRE AS RECORDED IN PLAT BOOK 35, PAGES 126 AND 127, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N.00021'46''E. ALONG THE EAST LINE OF SAID LAKE BENNET CENTRE A DISTANCE OF 1281.33 FEET; THENCE N.88048'49"W. A DISTANCE OF 8.45 FEET TO THE CENTERLINE OF CALIFORNIA A VENUE; THENCE N.00038'39''E. ALONG SAID CENTERLINE A DISTANCE OF 1127.25 FEET; THENCE S.88011'34"E. A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF LOT 17, TOWN OF OCOEE, AS RECORDED IN PLAT BOOK A, PAGES 100 THROUGH 101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; N.00038'39''E. ALONG SAID WEST LINE A DISTANCE OF 170.19 FEET TO THE SOUTH RIGHT OF WAY LINE OF GENEVA STREET; THENCE S.88021'09"E. ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 667.17 FEET; THENCE N.00033'04''E. A DISTANCE OF 30.01 FEET TO THE CENTERLINE OF GENEVA STREET; THENCE S.88021'09"E. ALONG SAID CENTERLINE A DISTANCE OF 637.11 FEET; THENCE S.0002''27''W. ALONG THE EAST LINE OF THE SOUTHEAST ~ OF SAID SECTION 20 A DISTANCE OF 1989.29 FEET; THENCE N.89009'40"W. A DISTANCE OF 996.55 FEET; THENCE S.00023'1O''W. A DISTANCE OF 599.29 FEET TO THE POINT OF BEGINNING. 006.285685. -6- o c 006.285685. . EXHIBIT "B" Ocoee Commons PUD Annexation and PUD Land Use Plan Case #AP-DZ-DZ-D1 Initial PUD Zoning Map (County) A-1 .Citrus Rural District-, C-1 -Retail Commercial-, and R-1 .Single-Family Residential- to (City) PUD -Planned Unit Development- H W+E S ~ ....- .. Dc... Community Development Dltp,lrtment Seal.: 1 neh .1000 lee' o 2.$0 .$00 7.$0 1000 fee' - - I Prirt:ed: February2003 LEG END CSublect Prope,!\, o Unincorporaled Terrijory and Other Munlcipalijies ~ Rail Lines Zoning Classification: A-l. General Agriculture ~": A-2, Suburban R-1AAA, Single Family Dwelling R-1AA. Single Family Dwelling R-1A, Single Family Dwelling R-l, Single Family Dwelling RT-l, MObile Home SUDaIVlslon District :'~~ R-2,OneandTwo Family Dwelling ~ _ R-3, Multi Family Dwelling ~ = P-S. Proressional Offices and Services 1111111 G-l, Neighborhood Shopping ~ G-2, Community Commercial _ C-3, General Comme,clal ~1. Restricted Manuractunng & WarehouSing "';";"-.;. ~2. Oenerallndustrial ::J PUD-Low Densijy Residential _ PUD-Medium Density Residential _ PUD-Hlgh Density Residential IlllK PUD-Commerclal Lakes and Water Bodies m UnClassified -7- EXHIBIT "C" [Insert Land Use Plan] Q c 006.285685. -8-