The URL can be used to link to this page

Home My WebLink AboutOrdinance 2001-01 ORDINANCE NO. 2001-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE WEST OAKS SQUARE PUD ON CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF S.R. 50 APPROXIMA TEL Y A QUARTER MILE EAST OF THE INTERSECTION OF S.R. 50 AND CLARKE ROAD AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE WEST OAKS SQUARE PUD LAND USE PLAN TO INCLUDE RESTAURANT AS A PERMITTED USE AND MODIFY THE SIDEWALK REQUIREMENT; 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 certain amendments (the "Amendment") to the West Oaks Square PUD Land Use Plan, as approved by the Ocoee City Commission on December 1, 1998 (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, Public Records of Orange County, Florida (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; 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; 006.200237.4 -1- 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 III 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 restaurant as a permitted use and modify the sidewalk requirement 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 Mad '3 ,2001 (the "Amended Land Use Plan") and in that certain First Amendment to Development Agreement. The Amended 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 First Amendment to Development Agreement incorporating by reference the foregoing Amended Land Use Plan, incorporating the Conditions of Approval set forth in Section 3 below, and detailing the modified sidewalk requirement. Said Amended Land Use Plan supercedes and replaces the previously approved land use plan for the West Oaks Square PUD. All references to the Land Use Plan or 006.200237.4 -2- 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 finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 006.200237.4 -3- PASSED AND ADOPTED this ~ day of :)Uf\un rer' 2001. APPROVED: CITY OF OCOEE~WRIDA ATTEST: (SEAL) ADVERTISED Dee. 21 ,2000 READ FIRST TIME Dee. 19 ,2000 READ SECOND TIME AND ADOPTED January 2 ,2001 UNDER AGENDA ITEM NO. VI A 1 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AUP FORM AND LEGALITY this ~ day Of0MJlfJ ,2001. ::LE([ft~ City Attorney 006.200237.4 -4- 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 1 01.04 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. v y �a LBLLFre.([00 4d •••91,ME([0.)44 Y t_.3LbIm eP1,o■y 'x••00 606LE•PP....PU•NO'•nu•ntl R•uWO[LOY aPL�o1� '0000 '09 iCann4.91H qC a _ ai.1�o LawoLOO ssaM sates uoU•ql•n3glPUaIP6Auluuvld/d+PaaulO%S II'MO a-A a rL bS s>i�0 isaN� O t uo ;eaodhoo napueg 6upaaul6u3 aoaun g q .) 14 x ^ -,--- V 30 03 , ..44...a q.a f • luewpuewy lsald I(I '" a ern i qu.u.Lm0 AP ■AWe 1 l i quw'w.60aBg10 LAM/0 L�° a O �_; ` ° ..LO Pan P.UC BL/f/L 4 a J :6uiuo Ii (p.p...and B.B...n oo/L/B , �' \ \11(-y Z €a e I 14111!t f Y i d (moo)and w.w Aft La/a/7 c �+�5 a „Y^ S r@ .144; i a l s i g'F' - �M Bh q tau X\\ ' / . \ ro 5 i E .. :m - .Tie k li"`. ✓ 56 @ E sag 12 k la 1 �}T I - aa< g Al tt 2. gs 1-0€ y S11 1.1r iiE 4 E- a fA C' m x t/ill ilimm /IN '. I , / lI'; m oaaa.wao .,m t o a tBR d� tgfrie°8§ !g7§,g ; q•pig � I ( I 1 ( �, I= R 8.x: ii -.1ii, 3;i!xg 1:111 a ! O F 1 I I�� .I F Pas fF fri $ a g g U $i- 1 `` I 8 [[ �5 L"s a -:=4 sYR�nm a aE g3ig1.1 1 I i il�,i A a 9° E8 s s8 i"a Ra Iasi€m:1 i'3$ °= s sl.3•13 I I ( I 1 I o III MIN EE i 1 " ,°- Y• a 'o 1 t ? ; a a xxxx as . 0 cn 31,211.1 1 I\I \I is I �� a Em "3s"€a s " m e kit 1 111 :g; .. _ s € m o sea:ss' s A w - [ r g i II YY- g gs .�evoo8 :g & _ _ a 5 1 a"? n $ �a t: 'tt 3 :g_ ee c i lifif-Yg �il \\1`1 4s 11.Y s °L a@ YE° a:'= f^s-:wi°> �g®Y^' i. °' x a€ ' ( 0 A \1L, " :.' sm$ '8 ••:E`8 • */•"s t 3 s e Y _•!ItO ' t Iell \ \\\ s; a . = a 3E=: `ga gas e°3.. zse;PLaY s§E.E€3i• CZg tt E I ' .s , 1' i 8 . 1171:- .=E till ....gg..i " it € ° EE18 I I \ \ \\\Is m . s I 0 •,1 1 1 4 I ' VAS A ��V .b o s r a h :� \ 13 0 a I \ \_..�\� �1 \\� \....i $ s 111111 s t- _ he g' _as «a!"[.-8t i ' \— V sac="3Y5ni s� S". YsE; ! 5eF' s'a W o N 80 i s�3 89 iii i 5 t 8 Y" \ Ls a 7'E d 59a8EtE§?sA?;taca«a ill::: 1 el • \\I''rd.: �.\ ' \ Li• ;� a€° E [Es s��aeYYni °tSE$gi--E:'e"& [a8 , 1 `�� '� a \; 13 :"s a s` tSYE: a �° z°E Y$cata-EzaE7 =..=aa ma a� I �\�; « to a F c.es 4°a- -sa•sc.E€4.-.1 .:00°$ 1 3 E o1 I I d '-A v y v,, S. x a C3 i.;2 EG a ee ..� s, Lo, b F x —k N; 1 ' o°q, ��V I e s am li 1 I ��➢', TE .� ° III $ �^ - - - er: p�� :��ca G) R I 1 .m "a/ ) my mu ( L. = , I !,,I= 2. 8 .qd.w n BBL 7 1 NMi I/1i ,l �j � 1 le t- I.C2 ! 111117$1711////// �� / 'd1 4 ..Id..S n.aL-1• 1' ,, lY'"y� °rvn E i :.:':; v_1.,,__ ____i__.::,_,_11.,,'1: : E i:■.... �/_ ti►-! ri(. �.- eq — — —�� a La�� I N�J�J z ' V • a I ijl.1/, 1'11( 1/ --'1 7 i ii .,ii< Fit 'i:8 r v/ AI S-d :6uiuoZ