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Home My WebLink AboutOrdinance 2004-15 ORDINANCE NO. 2004-15 TAX PARCEL ID #: 07-22-28-0000-71 PROJECT NO. AR-03-07-09: Fullers Cross Community Development Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE WNING CLASSIFICATION FROM ORANGE COUNTY R-CE, "RURAL COUNTY ESTA TE" TO OCOEE COMMERCIAL PUD "PLANNED UNIT DEVELOPMENT" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH WNING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 5.08 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-CE, "Rural County Estate" to Ocoee Commercial PUD, "Planned Unit Development;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and ~ WHEREAS, on May 11, 2004 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the 006.331705.3 Applicants, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on June 15, 2004 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REWNING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 5.08 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-CE, "Rural County Estate" to Ocoee Commercial PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. WNING 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 Rezoning 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 5. 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 Fullers Cross Commercial PUD Land Use Plan (April 27, 2004) prepared by Kimley-Hom & Associates, Inc. date stamped received by the City on May 7, 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. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof 006.331705.3 2 SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect upon the occurrence of the following: (1) delivery to the City of an amendment to the JP A Agreement which allows for CommerciaVConservation land uses on the Property, which JP A Amendment has been executed by both the City and Orange County (the "JP A Amendment"); and (2) Ordinance 2004-13 [Fullers Cross Annexation Ordinance] becoming effective. 006.331705.3 3 PASSED AND ADOPTED this I S ~daY of J U 1J'l::. , 2004. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This ~ day of j"Ut\.l. , 2004. FOLElff LARDi::JlJ By: W~ City Attorney 006.331705.3 APPROVED: CITY OF OCOEE, FLORIDA "' .--'-" /! --$' <.:d --7;c)' L/~~. S. Scott Vandergrift, Mayor ADVERTISED TUNe 3 ,2004 READ FIRST TIME ::rUAlir I ,2004. READ SECOND TIME AND ADOPTED J "Pi; jr- ,2004. Under Agenda Item No. VI. II. 3.J 4 EXHmIT "A" Le!!al DescriDtion VACATED LOTS 1,2,3,4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "N' OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00051 '53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89057'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05022'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82040'19" W, 190.87 FEET; S 29000'00" W, 103.00 FEET; S 81003'31" W, 117.43 FEET TOxTHE POINT OF BEGINNING. 006.331705.3 5 j~ L M'.5;f -. . '. l--:;;;;~ III ~~O' j~~ II... .-.~ ,-.-r~l ~,#-' ~. 1,';>: /~ 4I1'~ -:: 1m I / '> firA _ ",""",CROSS ~ ~ ~ ~'i ~~ ~ j ~~ fa FJJJ: ~oJs II - jl)11 \ -= ~ ~ J ~ L 1ill,...-.D. ~ t ~\\ ~ 1.1, ,\-4 _ \~\\ j '\II!! . \~ ~= s;, 71"' ~ J! "N' =: l~.~j\~~ n~..j:~~ ~I.II 'r ~ IP; T ~l -, I '1 - H ,!f'- -r ~ j EXHmIT "B" Fullers Cross Commercial PUD Location Map ~ el I~ ORDINANCE NO. 2004-15 5 :..-- r (j s; (j ~1- ~ 1 ~u m m ~ .....''1''1 II I r-~ ~ LL--~~ 5@fffiB ~fE] I 16TH 1m 1J tm u s;= ~ c o r =-II I I H--l 006.331705.3 6