HomeMy WebLinkAboutOrdinance 2005-011
ORDINANCE NO. 2005-011
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
AMENDED LAND USE PLAN FOR THE OCOEE
COMMONS PUD, ON CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 331 FEET EAST OF THE
NORTHEAST CORNER OF THE INTERSECTION OF
STATE ROAD 50 AND BLACKWOOD AVENUE, AS
PETITIONED BY THE PROPERTY OWNER; AMENDING
THE AMENDED OCOEE COMMONS PUD LAND USE
PLAN TO PROVIDE FOR THE DIVISION OF TRACT "N"
INTO TWO SMALLER, SEPARATE TRACTS IDENTIFIED
AS TRACT "N" AND TRACT "N1" AND APPROVING
REVISED CONDITIONS OF APPROVAL; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of certain real property located within the corporate limits
of the City of Ocoee, Florida, as described in the Exhibit "A" has petitioned the City Commission
of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the
"Amendment") to the Amended Ocoee Commons PUD Land Use Plan, as approved by the Ocoee
City Commission on :rune 2'. ~(the "Amended Land Use Plan");
,
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on April 29, 2005;
WHEREAS, the DRC recommended approval of said Amendment;
WHEREAS, the Amendment was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee, Florida ("PZC"); and
WHEREAS, on May 10, 2005, the PZC held an advertised public hearing and
recommended approval of the Amendment;
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WHEREAS, the Ocoee City Commission held a de novo public hearing with public
notice thereof with respect to the proposed Amendment and this Ordinance on June 7, 2005; and
June 21, 2005.
WHEREAS, the Ocoee City Commission considered this Ordinance in accordance
with the procedures set forth in Section 166.041(3), Florida Statutes, and determined that this
Ordinance is consistent with the Ocoee Comprehensive Plan, as amended.
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. Amendment to the Land Use Plan. The Second Amended Land
Use Plan, which is attached hereto as Exhibit "B" and by this reference incorporated herein, is
hereby approved, subject to the Conditions of Approval set forth in Section 3 below. Said Second
Amended Land Use Plan supercedes and replaces the previously approved Land Use Plans for the
Ocoee Commons PUD. All references to the Land Use Plan or the Amended Land Use Plan for the
Ocoee Commons PUD shall hereafter refer to the attached Second Amended Land Use Plan.
SECTION 3.
Conditions of Approval. The property described in Exhibit
"A" hereto shall be developed in accordance with and subject to the Conditions of Approval set
forth in the Second Amended Land Use Plan. Notwithstanding anything herein to the contrary, in
the event of any conflict between the Second Amended Land Use Plan referenced in Section 2
above and the Conditions of Approval, the Conditions of Approval shall control.
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SECTION 4.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, as amended.
SECTION 5.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 21 day of :flAM.- ,20DS":'"
ATTEST:
APPROVED:
CITY OF OCOEE, F.
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S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ~\AC\-e.. 9, ,20bS'
READ FIRST TIME -runt. in ' 20 o~
READ SECOND TIME AND OPTED
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UNDER AGENDA ITEM NO. \ 2.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this ~ day of ::) uf\ ( , 200~
FOLErf' LAf(f LLPA I J
By: ~l~) p~
City Attorney
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EXHIBIT "A"
Legal Description
(OVE:RALL METES &: BOUNDS LEGAL DESCRIPTION)
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 28 EAST; RUN THENCE N89"28'55"W A DISTANCE OF 995.69 FEET; RUN
THENCE NOO"23'10"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 N89"23'3rW 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 NOO.21' 46" E ALONG THE EAST
LINE OF SAID LAKE BENNET CENTRE A DISTANCE OF 1281.33 FEET; THENCE
N88" 48' 49"W A DISTANCE OF 8.45 FEET TO THE CENTERLINE OF CALIFORNIA
AVENUE; THENCE NOO"38'39"E ALONG SAID CENTERLINE A DISTANCE OF 1127.25
FEET; THENCE 588"11 '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; NOO-38'39"E
ALONG SAID WEST LINE A DISTANCE OF 170.19 FEET TO THE SOUTH RIGHT OF
WAY LINE OF GENEVA STREET; THENCE S88-21'09"E ALONG SAID SOUTH RIGHT OF
WAY LINE A DISTANCE OF 667.17 FEET; THENCE NOO"33'04"E A DISTANCE OF
30.01 FEET TO THE CENTERLINE OF GENEVA STREET; THENCE S88-21'09"E ALONG
SAID CENTERLINE A DISTANCE OF 637.11 FEET; THENCE SOO"27'2rW ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 20 A DISTANCE OF 1989.29
FEET; THENCE N89-09'40"W A DISTANCE OF 332.18 FEET; THENCE SOO"26'01"W A
DISTANCE OF 596.59 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF COLONIAL
ORNE (STATE ROAD 50); THENCE N89"23'3rW ALONG SAID NORTHERLY RIGHT OF
WAY LINE A DISTANCE OF 663.86 FEET TO THE POINT OF BEGINNING.
CONTAINS 3,236,147 SQUARE FEET OR 74.2917 ACRES MORE OR LESS.
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EXHIBIT "B"
[Insert Amended Land Use Plan]
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