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HomeMy WebLinkAboutOrdinance 2000-07 ORDINANCE NO. 2000-07 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "A-I", CITRUS RURAL DISTRICT, TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 8.97 ACRES LOCATED SOUTH OF WIDTE ROAD APPROXIMATELY 900 FEET EAST OF THE INTERSECTION OF CLARKE AND WIDTE ROADS PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER(S); 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 City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Owner") 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 and establish an initial zoning classification for said real property of Ocoee, "PUD", Planned Unit Development District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) 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 006.166431.2 said application and determined that the Initial Zoning requested by the Owner 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement") and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish an initial zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, the Initial Zoning was scheduled for study and recommendation 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 Initial Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement and determined that the Initial Zoning is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Initial Zoning and find it consistent with the Ocoee Comprehensive Plan and the JP A Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Initial Zoning; and 006.166431 .2 -2- 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. Initial Zoning. The zonmg classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 8.97 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "A -1", Citrus Rural 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 Initial Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. Land Use Plan. The following Land Use Plan for the Property is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain Cambridge Village Land Use Plan prepared by Professional Design Associates, Inc. dated May 18 , 2000 and stamped received by the City of Ocoee May 22 , 2000. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. 006.166431.2 -3- SECTION 5. Official Zonin2 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 Initial 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 and JP A Consistency. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the 1P 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. Effective Date. This Ordinance shall become effective upon passage and adoption. 006.166431.2 -4- PASSED AND ADOPTED this 'ha day of --.M R R.c. H ,2000. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this I~~ day of q-v~6'" ,2000. FOLEY & LARDNER By: 006.166431.2 APPROVED: ADVERTISED F I! Q R U A P.."" 2.~ , 2000 READ FIRST TIME FE 8 R UU.'" IS" , 2000 READ SECOND TIME AND ADOPTED MARt-ii '1 ,2000 UNDER AGENDA ITEM NO. n E: 2. b -5- EXHIBIT "A" LEGAL DESCRIPTION LOTS 21 AND 22 OF ROSE HILL GROVES, PER P.B. "H", PAGE 146, PUBLIC RECORDS, ORANGE COUNTY FLORIDA, SECTION 21, TOWNSHIP 22 S, RANGE 28 E. ORANGE COUNTY. FLORIDA -6- EXHIBIT "B" Location Ma CITY OF OCOEE, FLORIDA CAMBRIDGE VILLAGE PUD REZONING TO PUD WITH A LAND USE PLAN LEGEND N City Limits 1>-1 Ci~Property W21 Subject Property D County Property N W+E s -7- EXHIBIT "C" [Insert Land Use Plan] 006.166431.2 -8-