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Home My WebLink AboutOrdinance 2004-16 ORDINANCE NO. 2004-16 CASE NO.: LS-02-004: Ocoee Crown Point PUD Amendment (adding Poer Property to Ocoee Crown Point PUD) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "AGRICULTURAL-RESIDENTIAL DISTRICT" TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 34.53 ACRES LOCATED APPROXIMATELY 2,000 FEET WEST OF STATE ROAD 429 (WESTERN EXPRESSWAY) OVERPASS AT FULLER'S CROSS-EAST CROWN POINT ROADS, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE OCOEE CROWN POINT PUD TO INCORPORATE SAID PROPERTY; 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 Orange County "Agricultural-Residential District" to Ocoee "PUD", Planned Unit Development District (the "Zoning") and to incorporate said property into the Ocoee Crown Point PUD and approve the Amended Land Use Plan for Ocoee Crown Point PUD (the "Amended LUP"); 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, the Amended LUP was scheduled for study and recommendation and was reviewed by the development Review Committee ("DRC"); and WHEREAS, the DRC found that the Amended LUP was a substantial amendment to the existing Ocoee Crown Point Land Use Plan and approved said Amended LUP; and WHEREAS, the Zoning and the Amended LUP were scheduled for study and recommendation and were 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 Amended LUP and the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Amended LUP and the Zoning and find the Zoning consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Amended LUP and 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: 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. Rezonine. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 34.53 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "Agricultural-Residential District" 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 above-described Property is hereby incorporated into and is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain Ocoee Crown Point PUD Amended Land Use Plan (June 15, 2004) prepared by Vanasse Hangen Brustlin, Inc. date stamped received by the City on June 17, 2004 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. -2- The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 5. Official Zonine 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 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. passage and adoption. Effective Date. This Ordinance shall become effective upon -3- PASSED AND ADOPTED this II day of -AuS\.~~+ ,2004. ATTEST: ~1\('do:b"C~( Brenda Brasher, Acting City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPR~VED AS TO :t;ORM AND LEGALITY this J 7 day of /tcljJS t ,2004. FOLEY & LARDNER LLP ~>:~ By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA ::5:s~J~ S. Scott Vandergrift, May ADVERTISED ~ '~. 5 ,2004 READ FIRST TIME l(~tS ./ , 2004 READ SECOND TIME ADOPTED A \~tS;i \, ,2004 UND R AGENDA ITEM NO. V f A 3 Ct, -4- RXHTRTT "A" Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South, Range 27 East, run thence North 904.86 feet, thence East 1683 feet, thence South 904.86 feet, thence West 1683 feet to Point of Beginning. LESS: Begin at a point 957 feet West and 904.86 feet North of the Southeast Comer of Section 1, Township 22 South, Range 27 East, run thence West 1200 feet, thence South 16 feet, thence Northeasterly 1201.9 feet to a point due South of the Point of Beginning, thence North .82 feet to the Point of Beginning. Said parcel contains 34.53 acres of land, more or less. -5- ~ I I I I I I -1--,\ - - >---J e EXHIBIT UBn Poer Property Location Map , , . ~ lJ. 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