HomeMy WebLinkAboutOrdinance 2001-09
ORDINANCE NO. 2001-09
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
AMENDED LAND USE PLAN FOR THE WEST OAKS
SQUARE PUD ON CERTAIN REAL PROPERTY LOCATED
ON THE SOUTH SIDE OF S.R. 50 APPROXIMATELY ONE-
QUARTER MILE EAST OF THE INTERSECTION OF S.R.
50 AND CLARKE ROAD AS PETITIONED BY THE
PROPERTY OWNE;R; AMENDING THE WEST OAKS
SQUARE PUD AMENDED LAND USE PLAN TO ADD AN
ADDITIONAL RIGHT IN ONLY ACCESS POINT;
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 West Oaks Square PUD Amended Land Use Plan, as
approved by the Ocoee City Commission on December 1, 1998 as amended by the Ocoee City
Commission on January 2,2001 (the "Land Use Plan");
WHEREAS, in connection with the Amendment, that certain Development
Agreement dated December 1, 1998 as recorded in O.R. Book 5681, Page 4141, as amended by
that certain First Amendment to the Development Agreement dated January 2, 2001 as recorded
in O.R. Book ~, Page 3iU, Public Records of Orange County, Florida (collectively the
"Development Agreement") must be amended;
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on November 13, 2000;
WHEREAS, the DRC found that the Amendment constitutes a substantial
amendment to the Land Use Plan;
006.214487.2
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WHEREAS, the Amendment was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee ("PZC") on November 29,2000;
WHEREAS, the PZC reviewed the Amendment and forwarded its
recommendation to the Ocoee City Commission;
WHEREAS, the Ocoee City Commission considered the Amendment on January
2, 2001 and continued the public hearing thereon to a future date to be established;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the proposed Amendment and this Ordinance;
WHEREAS, the Ocoee City Commission considered this Ordinance ill
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.
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 Land Use Plan is
hereby amended to include a second entrance providing "right in" access only as more
specifically set forth on the Amended Land Use Plan for West Oaks Square PUD prepared by
Unroe Engineering and date stamped received by the City on May 3, 2001 (the "Amended Land
Use Plan"); provided, however, that in the event said second entrance is not completed with
twenty-four (24) months from the Effective Date of his Ordinance, then the right and privilege to
construct said second entrance shall lapse and be of no further force and effect. The Amended
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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
and further subject to the execution of the Second Amendment to Development Agreement
incorporating by reference the foregoing Amended Land Use Plan and incorporating the
Conditions of Approval set forth in Section 3 below. Said Amended Land Use Plan supercedes
and replaces the previously approved amended land use plan for the West Oaks Square PUD. All
references to the Land Use Plan or the Amended Land Use Plan for the West Oaks Square PUD
shall hereafter refer to the aforementioned 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
attached hereto as Exhibit "C" and by this reference made a part hereof. Notwithstanding
anything herein to the contrary, in the event of any conflict between the Amended Land Use Plan
referenced in Section 2 above and the Conditions of Approval, the Conditions of Approval shall
control.
SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby fmds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
006.214487.2
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PASSED AND ADOPTED this l5ni day of J'\ t..,y ,2001.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED M ~ 'I ~ , 2001
READ FIRST TIME t../\ ~ "I , 2001
READ SECOND TIME AND ADOPTED
--.M ~ '1' I 5' , 2001
UNDER AGENDA ITEM NO. \7TT A ~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS lJ: yORM AND LEGALITY
this 1S day of fA. , 2001.
FOLEytt~?R () -t4- /J
By: 1)dlJl Y ~
City Attorney
006.214487.2
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EXHIBIT "A"
(West Oaks Square Legal Description)
Legal Description: (Parcel 4) per Official Record Book 4045, Page 0657
That part of tract 4, Orlando Groves Association, Lake Lotta Groves,
according to the plat thereof as recorded in Plat Book "E", page 52, public
records of Orange County, Florida, more particularly described as follows:
From the southwest corner of said tract 4, run south 89048'43"east
260.00 feet along the north line of Citrus Oaks Phase One, as recorded in
Plat Book 14, page 7, said public records; thence run north 00018'54" east
260.00 feet, parallel with the west line of the northeast 1\4 of section 28,
township 22 south, range 28 east, to the point of beginning; thence run north
89048'43" west 179.16 feet to the east line of a 30 foot right of way as
described in said plat of Lake Lotta Groves; thence from a tangent bearing of
north 04018'43" west, run northwesterly along the arc of a curve, concave
westerly, having a radius of 96.15 feet and central angle of 76032'53" for
distance of 128.21 feet; thence continuing along said right of way run north
00018'54" east 233.48 feet to a point on the south right of way line of State
Road 50; thence along said right of way line run south 89032'56" east 1065.35
feet to the intersection of said right of way line with the southerly
prolongation of the western boundary of Block "A", said plat of Orlando
Groves Association, Lake Lotta Groves; thence south 20024'53" west along said
southerly prolongation of Block "A" 179.89 feet to the centerline of an
unnamed creek; thence along said centerline run the following courses; north
3r45'43" west 120.30 feet; north 86056'51" west 130.64 feet; south 72029'39"
west 161.43 feet south 71009'57" west 101.04 feet; south 62048'55" west
126.45 feet; south 63005'14" west 200.00 feet; thence leaving said centerline
of the creek; run south 00018'54" west 18.00 feet to the beginning,
containing 4.47 acres or less.
AND
Including the east half of the 30' vacated Right-of-Way known as Michigan
Street.
NOTE: This is a corrective legal description which corrects certain scriveners errors
contained in (1) City of Ocoee Ordinance No. 98-31, and (2) that certain Development
Agreement dated December 1, 1998, as recorded in Official Record Book 5681, Page
4141, Public Records of Orange County, Florida, as amended.
EXHIBIT "e"
(West Oaks Square)
CONDITIONS OF APPROVAL
1. Permitted Land Uses: All uses permitted by C-2 Zoning,
except the following;
Drive-in Restaurant
Miniature Golf Course
Pawn Shop
Equipment Sales
Funeral Parlor
with gas sales
Movie Theater
Hotel/Motel
Nursing Home
Grocery Store/Supermarket
Automotive Repair
Automotive Sales
Automotive Service
Commercial Convenience
Commercial Convenience
Gas Station
Hospital
Bar
2. The development standards Described in Article IV, V &
VI shall apply to all uses.
3. Requested Waiver: Parking stall depth of 18 feet with a
2 foot overhang into a landscaped area. Parking stall
width of 9 feet.
Parking Stall Depth
Justification: Increase
Front Building Setback
Justification: Prevents
Code Req.
20'
open space
100' 141'
fragmenting a small property
4.
Water Service will be provided
Estimated Potable Flow:
Estimated Fire Flow:
Proposed
18'
by Orange County.
2,570 gpd
1,660 gpm
5. Waste water disposal will be provided by the City of
Ocoee.
Estimated Flow 2,064 gpd
6 .
Estimated traffic volume generated
1545 ADT
from the site is
Sheet 1 of 2
7. The property will be developed in one phase.
8. The City is subj ected to the terms, provisions and
restrictions of Florida Statutes Chapter 163
concerning moratoria on the issuance of building
permits under certain circumstances. The City has no
lawful authority to exempt any private entity, or
itself, from the application of such state legislation
and nothing herein should be considered an exemption.
9. Prior to the approval of the Final Site Plan for the
proj ect, or any portion thereof, the Applicant/Owner
will need to apply for and obtain a Final Certificate
of Concurrency pursuant to Article IX of the Ocoee Land
Development Code. Nei ther the review of the
application/project by the City nor the granting of any
approvals in connection with such review shall be
construed to grant the Applicant/Owner any entitlement
to obtain a Final Certificate of Concurrency with
respect to all or any portion of the proj ect or to
create any exception from the provisions of Article IX
of the Ocoee Land Development Code.
10. The revision of the proposed amended Land Use Plan to
provide for the construction of the sidewalk, or the
remaining portion of the sidewalk, consistent with FDOT
requirements be commenced within two (2) years from the
date of this meeting (Commence by: January 2, 2003) by
either the Florida Department of Transportation or the
applicant and diligently continued to completion, and
in the event such commencement is not constructed and
diligently pursued as aforesaid, then the City may, at
its option, design, permit and construct, and/or
complete, the sidewalk at the sole cost and expense of
the developer, and that the developer be required to
post a bond to secure the obligations with respect to
the sidewalk in an amount to be mutually agreed upon
between the applicant and the City Engineer.
Sheet 2 of 2
EXHIBIT "C"
CONDITIONS OF APPROVAL
Automotive Repair
Automotive Sales
Automotive Service
Commercial Convenience
Commercial Convenience
with gas sales
Gas Station
Hotel/Motel
Hospital
e tor permarket Bar
2. The development standards Described in Article IV, V &VI shall
apply to all uses.
3. Requested Waiver: Parking stall depth of 18 feet with a 2 foot
overhang into a landscaped area. Parking stall width of 9 feet.
1. Permitted Land Uses:
the 'followingj
Drive-in Restaurant
Miniature Golf Course
Pawn Shop
Equipment
Funeral P
All uses permitted by C-2 Zoning, except
Parking Stall Depth
Justification: Increase
Front Building Setback
Justification: Prevents
Code Req.
20'
open space
100'
fragmenting
Proposed
18'
141 I
a small property
4.
Water Service will be provided
Estimated Potable Flow:
Estimated Fire Flow:
Waste water disposal will be
Estimated Flow 2,064 gpd
6. Estimated traffic volume generated from the site is 1545 ADT
7. The property will be developed in one phase.
8. The City is subjected to the terms, provisions and
restrictions of Florida Statutes Chapter 163 concerning moratoria
on the issuance of building permits under certain circumstances.
The City has no lawful authority to exempt any private entity, or
itself, from the application of such state legislation and nothing
herein should be considered an exemption.
9. Prior to the approval of the Final Site Plan for the project, or
any portion thereof, the Applicant/Owner will need to apply for and
obtain a Final Certificate of Concurrency pursuant to Article IX of
the Ocoee Land Development Code. Neither the review of the
application/project by the City nor the granting of any approvals in
connection with such review shall be construed to grant the
Applicant/Owner any entitlement to obtain a Final Certificate of
Concurrency with respect to all or any portion of the project or to
create any exception from the provisions of Article IX of the Ocoee
Land Development Code.
by Orange County.
2,570 gpd
1,660 gpm
provided by the City of Ocoee.
5.
Sheet 1 of 2
Exhibit lie" continued
CONDITIONS OF APPROVAL
10. The revision of the proposed amended Land Use Plan to provide for
the construction of the sidewalk, or the remaining portion of the
sidewalk, consistent with FDOT requirements be commenced within two
(2) years from the date of this meeting (Commence by: January 2, 2003)
by either the Florida Department of Transportation or the applicant and
diligently continued to completion, and in the event such commencement
is not constructed and diligently pursued as aforsaid, then the City may,
at its option, design, permit and construct, and/or complete, the sidewalk
at the sole cost and expense of the developer, and that the developer be
required to post a bond to secure the obligations with respect to the
sidewalk in an amount to be mutually agreed upon between the applicant
and the City Engineer.
Sheet 2 of 2