HomeMy WebLinkAboutOrdinance 2004-19
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ORDINANCE NO. 2004-19
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
LAND USE PLAN FOR THE WESTRIDGE PUD ON
CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF
MAGillRE ROAD AND MOORE ~OAD AS PETITIONED
BY THE PROPERTY OWNER; AMENDING THE
WESTRIDGE PUD LAND USE PLAN TO PROVIDE FOR
8.8 ACRES OF COMMERCIAL DEVELOPMENT WITHIN
THE WESTRIDGE PUD; 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 Westridge PUD Revised Land Use Plan, as approved by
the Ocoee City Commission on April 21, 1992 (the "Land Use Plan");
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on June 15, 2004;
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 of Ocoee, Florida ("PZC"); and
WHEREAS, on July 13, 2004, the PZC held an advertised public hearing and
recommended approval of the Amendment; and
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 August 17, 2004;
Westridge PUD Ordinance
2004-192004-19
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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 Com~rehensive Plan, as amended by Ordinance
No. 2004-l ~.
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 VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2.
Amendment to the Land Use Plan. The Westridge PUD
Second Revised Land Use Plan, which is attached hereto as Exhibit "B" and by this reference
incorporated herein, is hereby approved. Said Second Revised Land Use Plan supercedes and
replaces all previously approved Land Use Plans for the Westridge PUD.
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 Revised Land Use Plan. Said Conditions of Approval
supercede and replace all previously approved Conditions of Approval.
SECTION 4.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, as amended
by Ordinance No 2004-]i.
SECTION S.
Inconsistent Ordinances.
All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
ORDINANCE NO 2004-19
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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 \lTI~day of Au.5U$I-, 2004.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
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Title: Acn"~ C\~ C.\e.V'k.
SEAr:
ADVERTISED AlA ~ \.tst 5 , 2004
READ FIRST TIME A<<~-t.3 , 2004
READ SECOND TIME ADOPTED
~ U.St- \ i , 2004
UNDER AGENDA ITEM No.~b
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS l~ ~F AND LEGALITY
this I") hrtay of ~' 2004.
FOLEY & LARDNER LLP
By: (]aJ ~ PvxJtJ
City Attorney
ORDINANCE NO 2004-19
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EXHIBIT A
.LEGAL I2ESCRIPTlON:
That part of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 East,
Range 28 East, Orange County, Florida, described as follows:
Commence at the Southwest corner of Section 32, Township 22 South, Range 28
East, and run N 00'21'38" W along the West line of the Southwest 1/4 of said
Section 32 for a distance of 1330.98 feet to the Southwest corner of the North 1/2
of the Southwest 1/4 of said Section 32; thence run N 89'47'54" E along the South
line of said North 1/2 of the Southwest 1/4 for a distance of 60.00 feet to a point on
the East right-of-way line of Maguire Road (County Road 439), said point being
the POINT OF BEGINNING; thence run N 00'21'58" W along said right-of-way
line for a distance of 1255.66 feet to the point of curvature of a curve concave
Southeasterly having a radius of 35.00 feet and a central angle of 9017'33"; thence
run Northeasterly along the arc of said curve for a distance of 55.16 feet to the
point of tangency; thence run N 89"55'55" E along the South right-of-way line of
Moore Road as described in Official Records Book 4343, Page 4532, of said
Public Records for a distance of 2547.37 feet to a point on the East line of said
North 1/2 of the Southwest 1/4; thence run S 00'20'36" E along said line for a
distance of 1284.83 feet to the Southeast corner thereof; thence run S 89'47'54" W
along the aforesaid South line of the North 1/2 of the Southwest 1/4 for a distance
of 2582.14 feet to the POINT OF BEGINNING.
Containing 76.339 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
ORDINANCE NO 2004-19
EXHIBIT "B"
[Insert Westridge PUD 2nd Revised Land Use Plan]
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