HomeMy WebLinkAbout2018-010 Darren Center PUD - Rezoning DOCn 20180182417
03/28/2018 08:47:29 AM Page 1 of 5
Rec Fee: $44.00
Phil Diamond, Comptroller
Orange County FL
MB - Ret To:County,
OF OCOEE
ORDINANCE NO. 2018-010 i
(Rezoning Ordinance for Darren Center PUD) 'III 1111
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III
TAX PARCEL ID: 21-22-28-0000-00-012
CASE NO. RZ-17-12-08: Darren Center PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-7.11 ACRES
LOCATED ON THE NORTH SIDE OF W. COLONIAL DRIVE AND 1,325
FEET EAST OF THE INTERSECTION OF BLACKWOOD AVENUE
AND W. COLONIAL DRIVE, 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/-7.11 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1 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 City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the 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, 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 February 13, 2018, 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
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on March 20, 2018, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed 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 +/-7.11 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 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. 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 4. 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.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this,Redly of 7y C��i'GJJL , 2018.
ATTEST: .,' APPROVED:
CITY OF OCOEE, FLORIDA
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Melanie Sibbitt; City Clerk RustyJohn e
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READ SECOND TIME AND ADOPTED
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Agenda Item No.
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FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this 201* day of MA-i168- , 2018.
SHUFFIELD LOWMAN & WILSON, P.A.
By: 0
City Ai-7r4+
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EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA LESS ROAD
RIGHT OF WAY.
LESS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 21, AND RUN
THENCE NORTH 00°33' WEST 353.57 FEET FOR A POINT OF BEGINNING; FROM SAID
POINT OF BEGINNING CONTINUE NORTH 00°33' WEST, 300 FEET; THENCE NORTH
89°27' EAST, 170 FEET; THENCE SOUTH 23°59' EAST, A DISTANCE OF 326.90 FEET;
THENCE SOUTH 89°27' WEST, 300 FEET TO THE PONT OF BEGINNING.
AND LESS: THE WEST 50 FEET OF THE NORTH 285 FEET OF THE SOUTH 353.57 FEET
OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SAID SECTION 21.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE
N00°22'57"W,ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION {
21, A DISTANCE OF 67.88 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF STATE ROAD 50, ALSO KNOWN AS WEST COLONIAL DRIVE (150' RIGHT-OF-
WAY PER FDOT MAP SECTION NO. 75050); THENCE N89°48'17" (E, ALONGSAID
NORTH RIGHT-OF-WAY LINE OF STATE ROAD 50, A DISTANCE OF 50.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE N89°48'17" E, ALONG SAID NORTH
RIGHT-OF-WAY LINE OF STATE ROAD 50, A DISTANCE OF 611.97 FEET TO A POINT;
THENCE N00°17'03" W, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21, A DISTANCE OF 595.61
FEET TO THE NORTH EAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE S89°46'24" W, ALONG THE
NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 21, A DISTANCE OF 662.99 FEET TO THE NORTHWEST CORNER
OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 21; THENCE S00°22'57" E, ALONG THE WEST LINE OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21, A DISTANCE
OF 9.56 FEET TO A POINT; THENCE N89°37'03" E, A DISTANCE OF 170.00 FEET TO A
POINT; THENCE S23°44'36" E, A DISTANCE OF 327.85 FEET TO A POINT; THENCE F
S89°48'13" W, A DISTANCE OF 250.00 FEET TOP A POINT; THENCE S00°22'57" E,
ALONG A LINE PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
21, A DISTANCE OF 285.69 FEET TO THE POINT OF BEGINNING.
Containing 309,592 square feet or 7.107 acres, more or less.
Exhibit "B" Location Map
Darren Center
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