The URL can be used to link to this page

Home My WebLink AboutOrdinance 2002-21 ORDINANCE NO. 2002-21 CASE NO. LS-99-014 CITRUS MEDICAL & EXCUTIVE PARK REZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM A-1 "GENERAL AGRICUTURAL DISTRICT" TO PUD "PLANNED UNIT DEVELOPMENT", ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.81 ACRES LOCATED ON THE SOUTH SIDE OF OLD WINTER GARDEN ROAD (S.R.526) ACROSS FROM THE HEALTH CENTRAL HOSPITAL, BETWEEN BLACKWOOD AVE. AND MATADORE DRIVE, 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 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 to rezone said real property of Ocoee, from A-1 "General Agricultural District" to PUD "Planned Unit Development" District; and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the real property hereinafter described and in turn the zoning designation of the subject property; and WHEREAS, the City and County have mutually agreed to a Future Land Use designation of "Professional Offices and Services" for the subject property via the 3rd Amendment to the Ocoee-Orange County Joint Planning Area Agreement adopted November 2,1999;and WHEREAS, the applicant has requested a small scale comprehensive plan amendment (SSCPA) in order to comply with the Ocoee-Orange County Joint Planning Area Agreement adopted Future Land Use Map, to change the Future Land Use Map designation from "Low Density Residential" to "Professional Offices & Services" and has requested rezoning of the subject property from A-1 "General Agricultural" District to PUD "Planned Unit Development" District; and WHEREAS, pursuant to Section 5-9(8) 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 Applicant 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 WHEREAS, said zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and has determined that the re-zoning requested by the Applicant, and is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be PUD "Planned Unit Development" District, as requested by the Applicant, and that the Ocoee City Commission find that the re-zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to the proposed rezoning of said real property; 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. RE-ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 5.81 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from A-1 "General Agricultural District" to PUD "Planned Unit Development District"; SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. 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 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the rezoning of the land described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 5. OFFICIAL ZONING 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 amendment 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. INCONSISTENT 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 not take effect until 31 days after adoption of Ordinance 2002-20 relating to the small scale comprehensive plan amendment changing the Future Land Use Map designation for the property described herein from "Low Density Residential" to "Professional Offices & Services". PASSED AND ADOPTED this J ') ~ day of SGP~8~, 2002. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 5 ~5fAtL4 s. Scott Vandergrift, Mayor (SEAL) ADVERTISED SEPTEMBER 5, 2002 READ FIRST TIME: AUGUST 20,2002 READ SECOND TIME AND ADOPTED: SEPTEMBER 17,2002 UNDER AGENDA ITEM NO. ,;, & FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this II day of 5'-ef~ ~002. FOLEY & LARDNER flJ~ f4JiJ By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION FOR CITRUS MEDICAL & EXECUTIVE PARK BOUNDARY SURVEY SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA BEGIN 441.25 FEET WEST AND 522.73 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN WEST A DISTANCE OF 434.07 FEET; THENCE RUN NORTH A DISTANCE 637.29 FEET TO THE SOUTH LINE OF ORLANDO-OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY, ALONG THE SOUTH LINE OF THE ORLANDO-OLD WINTER GARDEN ROAD, A DISTANCE OF 448.93 FEET; THENCE RUN SOUTH A DISTANCE OF 522.73 FEET TO THE POINT OF BEGINNING. PARCEL 10: 29-22-28-0000-00-022 1 . , ce l- ce I >< W . . +' C CI) E c. o - CI) > CI) C J ~ -- c :J " CI) e: me: as e: C\1 " .- - -- e: Il. '- 0 · .2Nc LLCI):J .. 0:: " CI)_.... CI) as 0 OU~ u-- 0,,: CI)~ U 'I- :E -- OU)b ~ :s -~ -- '- C O~_ Oas '- ::s +' - ::s u .- ~ ~ J - as '- CI) e: CI) C) . - ~ <i: -a; <ll U. (/) Q) o 0) .~ c- O) =~ Q) Q) CO) Q)e:: _00 Q) ~:a5~ 0) 3:~ ~-g g'iii 0) 8 C "" -Q) ~ Cl 0 .- e:: m .- '0 .~ 0 Q)::>",,_e:: >.(/)O)Q) a.... -'- O::>Q)= -Q)e::~(/)0.Q) m~ Q) ~ ~ 03:~ 'E-~=-Q)OE ~U ~ ~ (/)>. 0"" Q)(/)O~...m - .... Q)E>'::> m >'3: Q)Eoo E Q)- Iii (/) a ~mE~~Q)U~~o~O~O E~ E g - >'~mE-E~~C ....-ou-Em (/) ." en ~ Q) ~ m"E 0 in ::> ~ ~'in ~ 0 ~.!'!! 0 ~ 0) ~ ' >. ~<e::e::ThQ)~mI'o-1- Eio€~~u~e::c ~ O t --mQ)e::-Q)~Q) ~Em ~O~Q)-m~- e:: ~ ~~€O-~-m=e::e::~~O(/)~EE~U~iii ~~ o 0 Q)::l 00 "- Cl - ~ 0 m 'i5 ._ ~ m ~ E Q). 0'" >- 0 !!:! Z I:f. VI l;:: e:: ~ 3: . en .S 0) o "in Q) Q) ~ Cl '0 .!2' E 0 c .5 ~ Q) 0) U !E :-=: 'in Q) ~ .3 $ - 00 .S ~"> e:: ~ ~ I ... Q) 0 U Q) ~ Q) i 0 m :g W ~3~~~o~~~~~'i5~o~o~~~o~~~~e~~ O :c ~ " ..-- C'l -.. ..-- ..-- ..-- ..-- 1-' ~ C'l -.. C') -..00 ..-- C'l -.. C') .::> .12 m Oc ~'-"I.-JIIII ~I-JI-JIII-JIT""'" N...-.L.. ~5o<<a~~~~~00~a~aauuaU~~~IO::J ~ Ell ~ ~~rilJJill8 ~ []B~IITl~~~1 ~ DDDl1 8 Ol o o <D o o M :z:~ ~ o z o