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Home My WebLink About2014-016 Westyn Bay Commercial - RezoningORDINANCE NO. 2014-016 (Rezoning Ordinance for Westyn Bay Commercial) TAX PARCEL ID #: 06- 22 -28- 0000 -00 -067 DOCa 20140528395 B: 10820 P: 9071 10/16/2014 11:07:20 AM Page 1 of 9 Ree Fee: $78.00 Martha 0. Haynie, Comptroller Orange County 1 FL MB - Ret To: VCOEE CASE NO. RZ- 14- 03 -03: WESTYN BAY COMMERCIAL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE C -2, COMMUNITY COMMERCIAL, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.85 ACRES LOCATED ON THE SOUTH WEST CORNER OF OCOEE CROWN POINT PARKWAY AND OCOEE APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; 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 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 of the City of Ocoee, Florida (the "Ocoee City Commission ") to rezone said real property (the "Rezoning "); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 20.85 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee C -2, Community Commercial, to Ocoee PUD, "Planned Unit Development "; and WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance 491 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); and WHEREAS, said Rezoning 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, on June 10, 2014, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City ORLA_1281024.1 Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on ' the Ocoee City Commission held a de novo advertised public hearing with respect the Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; 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. REZONING The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 20.85 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C -2, Community Commercial, to Ocoee PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. LAND USE PLAN The following Land Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon: That certain Land Use Plan for Westyn Bay Commercial prepared by Kimley Horn & Associates, Inc., date stamped received by the City on June 4, 2014, with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 4. COMPREHENSIVE PLAN The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 5. 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 Rezoning 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. 4 SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its passage and adoption. t -'_ - 1 PASSED AND ADOPTED this - 1 4 \ day of ��UX , 201`t ATTEST: APPROVED: CITY OF OCOEE, FLORIDA s ; S. Scott Vandergrift, Mayor (SEAL) ADVERTISED e , 20B READ FIRST TIME 19' , 2 011J. READ SECOND TIME ARD ADOPTED FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 1 day of pC,T. , 201J SHUFFIELD LOWMAN & WILSON P.A. Ln 20 t� Under Agenda Item No. EXHIBIT "A" (The "Property ") LEGAL DESCRIPTION: A PARCH, OF LAND LYING IN SECTION 6, 'IOWNSIIIP 22 SOUFII, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT A 4 "X4" CONCRI :'1'I? MONUMLN I AT TFIF SOU'TI lliAS'I' CORNER OF THE NOR'I'HWES'1' 1/4 OF SAID SECTION 6, AS A POINT OF REFERENCE; THENCE RUN S86 °38'39 "W, ALONG THE SOUTH LINE 'THEREOF, 649.91 FEET TO "THE POINT OF BEGINNING. SAID POINT BEING ON THE WFST RIGHT OF WAY LINE OF COUNTY ROAD 437, THENCE RUN N28 °17'18 "F, ALONG SAID WEST RIGI IT OF WAY LINE, 224.98 FFF TO'I HE SOUTH RIGI IT OP WAY LINF. OP OCOEE CROWN PARKWAY AS SHOWN ON TIIF PLAT OF WES'I'YN BAY - PHASE I AS RECORDED IN PLAT BOOK 54, PAGE 29 OF THE.ORANGE COUNTY PUBLIC RECORDS, SAID LINF. BEING A CURVE CONCAVE '1'0 TIIF SOUTHWEST; 'THENCF. RUN NORTHWESTERLY ALONG SAID RIGHT 01: WAY LINE AND CURVE HAVING A CENTRAL ANGLE OF 103 °00'24 ", A RADIUS OF 50.00 PEST, AN ARC LENGTH 01' 89.89 FITT, A CHORD BLARING OF N23 °12'54 "W AND A CHORD DISTANCII OF 78.26 FEET; THENCF. RUN N74 °43'06 "W, CONTINUING ALONG SAID RIGHT OF WAY LINK, 377.69 FFFT TO A CURVI: CONCAVE TO THE SOUTH; THFiNCE RUN WESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVET HAVING A CEN "ORAL ANGLE OF 53 °30'00 ", A RADIUS OF 640.00 FEET, AN ARC LENGTH OF 597.60 FFFT, A CHORD BLARING 01' S78 °3 1'54 "W AND A Cl IORD DISTANCE OP 576.13 FEET; TIIFNCE RUN S51 °46'54 "W, CONTINUING ALONG SAID RIGHT OP WAY LINE, 597.88 FEET 'TO THE NORTH LINE OF'TRAC'T R, WFSTYN 13AY - PHASE l; TIIFNCF RUN 'TIIE FOLLOWING 19 COURSFS AND DISTANCES ALONG SAID NORTH LINE: S73 °42'26 "E, 47.48 PFFT1 S62 °42'38 "E, 62.94 FEET; S471324 "F, 64.95 FELT; S28 °47'58 "E, 72.85 FEET; S43 °05'19 "E, 54.07 FFET, S50 °54'23 "E, 55.79 FFVT; S43 °20'42 "F, 58.64 FELT; S32 °56'16 "Ii, 80.79 FFFTI S55 °34'03" E, 79.70 PEFT; S62 °47'23 "1?, 132.67 FEET; S66 °05'52 "F, 4291 FEET; S83 °53'01 "E, 127.83 FEET; N88 °35'25 "1'., 67.53 FEE. "T; S84 °47'00 "E, 79.25 FFFT; N88 °18'21 "E, 72.50 PFFT; S88'31'23"1-, 50.75 FFF I; N84 °27'41"1, 35.63 FEET; N60 °25'35 "F, 73.62 FELT; S50 °12'34 "E, 5.92 FEET TO THE AFOREMENTIONED WEST RIGHT OF WAY LINE 01: COUNTY ROAD 437, SAID LINF. BEING A CURVE CONCAVE TO THE EAST, THENCE RUN NORTHERLY ALONG SAID RIGI TT OF WAY LINF AND CURVE HAVING A CENTRAL ANGLE OF 11'00 A RADIUS OF 2351.97 FEET, AN ARC LFNGTH OF 452.11 FFFiT, A CHORD BLARING 01: N22 °51'45 "l: AND A CHORD DISTANCE OF 451.41 FEET; THFNCE RUN N28 °17'18 "Fi, CONTINUING ALONG SAID WFST RIGI TT OF WAY LINF 158.53 FF:ET'IO'THF. POINT OF BEGINNING. 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