HomeMy WebLinkAboutOrdinance 99-19
ORDINANCE NO. 99-19
PROJECT NO. LS-98-007: OLYMPIA DEVELOPMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY, "A-1",
CITRUS RURAL DISTRICT, TO OCOEE, "PUD", PLANNED UNIT
DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 37.8 ACRES LOCATED ON THE
SOUTHEAST CORNER OF SILVER STAR ROAD AND CLARKE ROAD
INTERSECTION, PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNERS; 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 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, Florida certain real property now located in the City of Ocoee,
Orange County, Florida as hereinafter described; and
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 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(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 Initial 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"), subject to a
Comprehensive Plan amendment adopting a Future Land Use designation of Commercial on a
portion of the property (the "Comprehensive Plan Amendment") becoming effective; 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(8) of the JPA Agreement, the City
has the authority to establish an initial zoning for the lands herein described and to immediately
exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, said Initial 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 Initial Zoning application for consistency with the Ocoee Comprehensive Plan
and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan subject to the Comprehensive Plan
Amendment becoming effective 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 Ocoee, "PUD", Planned Unit Development District as requested by the Applicant,
and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan subject to the Comprehensive Plan
Amendment becoming effective 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 proposed Initial Zoning 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 37.8 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" (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
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 said real property is
hereby approved subject to the conditions of approval set forth therein:
That certain Olympia PUD Land Use Plan I Preliminary
Subdivision Plan prepared by Post, Buckley, Schuh & Jernigan,
Inc. (PBS&J) dated March 3, 1999 and stamped received by the
City of Ocoee on March 4, 1999.
The above described Land Use Plan is attached hereto as EXHIBIT "C" and by his reference
made a part hereof.
SECTION 5. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City
Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be
consistent with the Ocoee Comprehensive Plan, subject to the Comprehensive Plan
Amendment becoming effective, and the JPA Agreement.
SECTION 6. 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 Initial
Zoning 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 7. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in
conflict 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 take effect on the date that the
Comprehensive Plan Amendment (Case No. SSCPA-98-002) adopted as Ordinance No. 99-18
becomes effective.
PASSED AND ADOPTED this ~ day of /}PtlL.. ,1999.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
A~PROVED AS TO F~~ ~~LEGALlTY
this (; day of ~ , 1999.
FOLE)1 LARDNER
By:eJ{~
City Attorney
APPROVED:
CITY OF OCOEi' FLORIDA
;;S:i~~
S. SCOTTVANDERG FT, MAYOR
ADVERTISED MARCH 25, 1999
READ FIRST TIME MARCH 16, 1999
READ SECOND TIME AND ADOPTED
!JPR((- G- 111'10,
UNDER AGENDA ITEM NO. EC fl 7
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EXHIBIT n A n
(Page 1 of 2)
-
LEGAL DESCRIPTION
PEASE TRUST PROPERTY
(REMAINDER)
A TRACT OF LAND BEING THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THAT PORTION OF THE RIGHT-OF-
WAY OF CLARKE ROAD DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LESS THAT PART OF SILVER STAR
ROAD DEEDED IN DEED BOOK 400, PAGE 252 AND TAKEN IN MINUTE BOOK 17, PAGE 502
OF SAID PUBLIC RECORDS, BEING MORE PARTICUlARLY DESCRIBED AS FOlLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE AFORESAID PARCEL
DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 FOR A POINT OF
BEGINNING, SAID POINT ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE
OF AFORESAID CLARKE ROAD; THENCE RUN ALONG SAID EASTERLY RIGHT -OF-
WAY LINE THE FOLLOWING COURSES: NORTH 0010'51" EAST, 257.52 FEET;
SOUTH 89'49'09" EAST, 15.00 FEET; NORTH 0010'51" EAST, 20.00 FEET;
NORTH 89'49'09" WEST, 15.00 FEET; NORTH 0010'51" EAST, 644.00 FEET;
NORTH 02'05'25" EAST, 180.10 FEET; NORTH 0010'51" EAST, 145.61 FEET;
NORTH 44"54'59" EAST, 63.93 FEET TO A POINT LYING ON THE SOUTH RIGHT-
OF-WAY LINE OF SILVER STAR ROAD; THENCE, DEPARTING SAID EASTERLY
RIGHT-OF-WAY LINE OF CLARKE ROAD, RUN NORTH 89'39'07" EAST, ALONG
SAID SOUTH RIGHT-OF-WAY LINE OF SILVER STAR ROAD, 1223.99 FEET TO THE
EAST LINE OF THE AFORESAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE RUN SOUTH 00'04'18" WEST, ALONG SAID EAST LINE OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1292.73 FEET TO
THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER; THENCE RUN SOUTH 89'40'55" WEST, ALONG SAID SOUTH LINE OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1277.44 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
37.794 ACRES. MORE OR LESS.
SURVEYOR'S NOTES:
(1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE
SURVEYOR'S EMBOSSED SEAL
(2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM.
(3) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 89'40'55" WEST.
(4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
CERTIFICATION:
WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST
OF OUR KNO~DGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN JULY. 1995. WE
FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN-
DARDS SET FORTH IN CHAPTER 61G17-6 (r.A.c.) ADOPTED BY THE FLORIDA BOARD OF
SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027.
OA.O A. WHITE, (jLJ
FLORIDA REGISTRATION NO. 4044
SHEET 1 OF 2
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NO. DATE
RE"~ RAN(;( (l(NUfl(R
REVISION
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PROFESSIONAL ENGINEERING CONSULTANTS, INC,
engineers planners surveyors
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SECTION 16. TOWNSHIP 22 SOUTH, RANGE 28 EAST
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DESCRIPTION AND SURVEYOR'S NOTES
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SHEET 2 OF 2
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EXHIBIT · A.
(Page 2 of 2)
LEGAL DESCRIPTION
SILVER STAR ROAD
(60' R/W) N. LINE NW 1/4. SE 1/'
(O~_~OO, PC 252)(118 _'!~ PC 402) , _~CTION 16-22-26____
N 89.39'07" E
OUlH R/W LINE
1223.99'
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N 44.54'59" E
63.93'
NW 1/4. SE 1/4
SECTION 16-22-28
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37.795 ACRES:i:
SUBJECT TO:
UTILITY EASEIIENT
(O.B. 547, PC 366)
(0.8. 547, PC 365)
_ SOUlH LINE Of' NW 1/4 Of'
SE 1/' OF SECTION 16-22-26
S 89.40'55" W
1277.44'
NOT PLATTED
UN: DATA
L-l - S. 69"9'09" E. 15.00'
L-2 - N. 00'10'51" E. 20.00'
L-3 - N. 69'49'09" W. 15.00'
7/28/03
NO. DATE
RE'-'SED RANCE DEHMER
REVISION
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PROFESSIONAl ENGINEERING CONSULTANTS, INC,
engineers planners surveyors
SUTF ~ Eou. f'_ C8mIt! 20() E.4sT _ sr-r ~ n- J.tIm UlllJZ-<<J6Z
DOC:II cay. .. ~ m w
SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST
nRAWN BY, S.G.R
JOe NO: 795057
EXHIBIT n B"
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II
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Legend:
I ~~//~j I Subject Property
At Ocoee - Orange County Joint Planning Area
r.::J Ocoee City Limits
C~ L~ Orange County parcels - outside Ocoee
/\/ Ocoee Utility Service Boundary
D Roads
- Lakes
_ A-1, General Agriculture
D A-2, Suburban
D PUD-Low Density Residential N
D R-1AAA, Single Family Dwelling
DR-1M, Single Family Dwelling
L!EiI R-1A, Single Family Dwelling
liD R-1, Single Family Dwelling
i:S..'S:l RT-1, Mobile Home Subdivision District
m R-2, One and Two Family Dwelling
[!IIJ PUD-Medium Density Residential
_ R-3, Multi Family Dwelling
_ PUD-High Density Residential
D P-S, Professionaf Offices and Services
_ C-1, Neighborhood Shopping
_ C-2, Community Commercial
IIIIIII PUD-Commercial
_ C-3, General Commercial
G.;] 1-1, Restricted Manufacturing & Warehousing
_ 1-2, General Industrial