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Home My WebLink AboutOrdinance 2003-10 ORDINANCE NO. 2003-10 CASE NO. LS-99-015 OCOEE CHURCH OF THE NAZARENE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 4.69 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD SOUTH OF SILVER STAR ROAD AND NORTH OF WHITE 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 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 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and 006.285425. WHEREAS, on February 11, 1994, Orange County and the City ofOcoee 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. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 006.285425. -2- 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. Zonin~. The zoning classification, as defmed in the Ocoee City Code, of the following described parcel of land containing approximately 4.69 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 PUD Land Use Plan for Family Life Center, Sanctuary and Education Buildings Driveways, Parking and Related Facilities for Ocoee Church of the Nazarene prepared by Facilities and Environmental Consultants, Inc. dated December 17, 2002 and stamped received by the City of Ocoee December 17, 2002. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 5. Official Zonin~ 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 006.285425. -3- 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 JP A 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 passage and adoption. 006.285425. -4- PASSED AND ADOPTED this Y~day of M It (Uti. 2003. APPROVED: CITY OF OCOEE, FLORIDA """'-:.2--- d c~~-3~ 'J S. Scott Vandergrift, Mayor ATTEST: (SEAL) ADVERTISED February 23,2003 READ FIRST TIME February 18, 2003 READ SECOND TIME AND ADOPTED /l1 1+ L(,. bJ C( , 2003 UNDER AGENDA ITEM NO. III E 3 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APP~qVED AS TO fORM AND LEGALITY this '-f day of~, 2003. FOLEY & LARDNER f/J( 4JJdl By: City Attorney 006.285425. -5- EXHIBIT "A" THE SOUTH 1/2 OF THE NORTH 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE CITY OF OCOEE: A STRIP OF LAND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21, RUN NORTH 89050'17" EAST, 1632.88 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00011'19" WEST 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41043'09", AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF NORTH 20040'16" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 41031'50" EAST, 591.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41020'59" AND ARC LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20051'20" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00010'51" EAST, 2619.82 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THE AFORESAID SOUTH 1/2; THENCE ALONG THE WEST LINE OF SAID SOUTH 1/2 CONTINUE NORTH 00010'51" EAST 333.01 FEET TO THE NORTHWEST CORNER OF SAID SOUTH 1/2; THENCE ALONG THE NORTH LINE OF SAID SOUTH 1/2, RUN NORTH 89041'22" EAST, 50.00 FEET; THENCE RUN SOUTH 00010'51" WEST 101.96 FEET; THENCE RUN SOUTH 89049'09" EAST, 17.00 FEET; THENCE RUN SOUTH 00010'51" WEST 20.00 FEET; THENCE RUN NORTH 89049'09" WEST 17.00 FEET; THENCE RUN SOUTH 00010'51" WEST, 211.06 FEET TO THE SOUTH LINE OF THE SAID SOUTH 1/2; THENCE ALONG SAID SOUTH LINE, RUN SOUTH 89041'49" WEST 50.00 FEET TO THE POINT OF BEGINNING. 006.285425. -6- EXHIBIT "B" Location Map Ocoee Church of the Nazarene PUD T h~ J, ---' L '" - -- - ""- -- ---.. - ~stG -- -., - - ~~ -........ n e-) II II I "'R STAR RD I ~ ~ ~ L '--- - '" T T I -r ~ ~ - i-- I - >-- l-1 - >-- rS ~'r-1 - - 'I.-J ~ - I J - _~ect - I I I t-- ----' J:- ---I I . ...... I I _..... __ lY \\ Ti ~ .. ~.l' 1 T ~/ _- e-_ ~~ - - -- -- -I'--- L5-99-015 - - -- --- LAKE .:::::j - - -- _--1 - -- -- -- OL YMPIA l =- -- - -- ~---- =~ ~ :\ I \ \ j= =- I I - y; ~." "II ~ -~ r TFI1'" ~ . .lla. =l '..(- r I T T I \ - 1 T \x CI =~ -- '-- D: - ~- W _1--1-----1 ~I; -~- ~ I---~ - - - ; I-- e-t-- _ - I-- >--1-- - I-- ~e- _ 1- U ~ e-- _ ~~- fI) >--- - - - )ffi N ~ ~r0 0 1","IT I \ ,::QII III' I I~W ~: I jJ I -;( 006.285425. -7- EXHIBIT "C" [Insert Land Use Plan] 006.285425. -8-