HomeMy WebLinkAboutOrdinance 2000-05
ORDINANCE NO. 2000-05
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "R-2", SINGLE FAMILY, DUPLEX,
TRIPLEX, AND QUADRAPLEX DWELLING DISTRICT,
TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT
DISTRICT, ON CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 14.3 ACRES LOCATED
SOUTH OF 17TH AVENUE EAST OF OCOEE-APOPKA
ROAD 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
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 JP A 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 fmd 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
006.167264.1
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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.
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.
Initial Zoning. The zonmg classification, as defined in the
Ocoee City Code, of the following described parcel of land containing approximately 14.3 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange
County "R-2", Single Family, Duplex, Triplex, and Quadraplex Dwelling 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 from the Ocoee Land
Development Code set forth thereon:
That certain Forest Ridge PUD Land Use Plan/Preliminary Subdivision Plan
prepared by Neal Hiler Engineering, Inc. dated January 19, 2000 and stamped
received by the City of Ocoee January 19, 2000.
The above described Land Use Plan/Preliminary Subdivision Plan is attached hereto as Exhibit
"C" and by this reference made a part hereof.
006.167264.1
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SECTION 5. Official Zonine 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 Consistencv. The
Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee
Comprehensive Plan and the JP 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.
006.167264.1
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PASSED AND ADOPTED this !Wi day of ~~ttl~\-'f ,2000.
ATTEST:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FP!lM AND LEGALITY
this I day of Jl1..a.~ ' 2000.
FOLEY & LARDNER
By:
&Jf~
City Attorney
006.167264.1
APPROVED:
CITY OF OCOEE, FLORIDA
S~tJ~
S. Scott Vandergrift, Mayor
ADVERTISED J::Ei\IlUIlt\a.'i .1'+ ,2000
READ FIRST TIME s:'.I..IlU......, is , 2000
READ SECOND TIME AND ADOPTED
~~'u." 7 ,2000
UNDER AGENDA ITEM NO. n Eo 1 a
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EXHIBIT "A"
Legal Description
That portion of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 22 South,
Range 28 East, Orange County, Florida, being more particularly describeo as follows:
Commence at the Southwest corner of the soutliwest 1/4 of the Southwest 1/4 of said
section 8; thence run N 01016'37" W along the West line of the said Southwest 1/4.of
the Southwes.t 1/4 a distance of 1080.00 feet; thence run N 88034'55" E along the North
line of thel South 1080.00 feet of the said Southwest 1/4 of the southwest 1/4 a
distance of 25.00 feet for the Point of Beginning; thence continue N 88034'55" E along
said North line a distance of 330.00 feet; thence run N 01016'37" W along the East line
of the West 355.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of
150.00 feet; thence run N 88034'55" E along the North line of the South 1230.00 feet
of the said Southwest 1/4 of the Southwest 1/4 a distance of 720.10 feet; thence run
S 01044'58" E along the West line of the East 270.00 feet of the said Southwest 1/4 of
the Southwest 1/4 a distance of 109.42 'feet; thence run N 89.019'23" E along the South
line of the North 298.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance
of 270.05 feet; thence run S 01044'58" E along the East line of the said southwest 1/4
of the Southwest 1/4 a distance of 907.11 feet; thence run S 88034'55" W along the
North line of the South 210 feet of said southwest 1/4 of the Southwest 1/4 a distance
of 330.01 feet; thence run N 01044'58" W along the West line of the East 330 feet of
the said Southwest 1/4 of the southwest 1/4 a distance of 650.01 feet; thence run S
88034'55" W along the North line of the South 960.00 feet of the said Southwest 1/4 of
the Southwest 1/4 a distance of 993.15 feet to the East right of way line. of North
Lakewood Avenue (A.K.A. Deoee Clarcona Road); thence run N 01016'37" W along said East
right of way line, 25.00 feet East of and parallel to the aforesaid West line of the
Southwest 1/4 of the Southwest 1/4 a distance of 220.00 feet to the Point of Beginning.
EXHIBIT "B"
Location Ma
CITY OF OCOEE, FLORIDA
FOREST RIDGE PUD
REZONING TO PUD WITH A LAND USE PLAN
AND PRELIMINARY SUBDIVISION PLAN
LEGEND
N City Limits
1s,?1 Ci~Proper~
~ Subject Property
D Coun~ Property
N
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