HomeMy WebLinkAboutOrdinance 98-31
ORDINANCE NO. 98-31
PROJECT NO. LS-98-005: WEST OAKS SQUARE PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM OCOEE, P-S, PROFESSONAL OFFICES
AND SERVICES DISTRICT, AND A-2, SUBURBAN DISTRICT, TO OCOEE,
PUD, PLANNED UNIT DEVELOPMENT DISTRICT, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 4.5 ACRES LOCATED ON THE
SOUTH SIDE OF WEST COLONIAL DRIVE, APPROXIMATELY 1/4 MILE
EAST OF THE INTERSECTION OF WEST COLONIAL DRIVE AND CLARKE
ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, AND THE OCOEE CITY CODE;
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 said real property to Ocoee, PUD, Planned Unit
Development District (the "Rezoning"); 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 Rezoning 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"); 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, the Planning and Zoning Commission has 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 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 Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive
Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and with respect to proposed Rezoning 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. REZONING. The zoning classification, as defined in the Ocoee City Code,
of the following described parcel of land containing approximately 4.5 acres located within the
corporate limits of the City of Ocoee, Florida (the "Property"), is hereby changed from "Ocoee, P-
S, Professional Offices and Services District, and A-2, Suburban District", to "Ocoee, PUD,
Planned Unit Development District':
SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
SECTION 3. MAP. A map of the Property which clearly shows the area of Rezoning 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, including
the waivers set forth therein, is hereby approved, subject to the conditions of approval set forth
therein incorporating all plans and conditions of approval by reference:
That certain PUD Land Use Plan prepared by Unroe Engineering,
dated September 1, 1998, stamped received by the City of Ocoee
on October 30, 1998.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. COMPREHENSIVE PLAN CONSISTENCY. The Ocoee City Commission
hereby finds the Rezoning of the Property to be consistent with the Ocoee Comprehensive Plan.
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 Rezoning
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 immediately upon
passage and adoption.
).
PASSED AND ADOPTED this l - day of b~, f-t1\ Ill:-'Q , 1998.
ATTEST:
tJv.. '
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED NOVEMBER 19,1998
READ FIRST TIME NOVEMBER 17,1998
READ SECOND TIME AND ADOPTED
.b ~ c.. ~ ^" ~6' i2.. I, J ~ '11'
UNDER AGENDA ITEM NO. TtI: A ~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS T~M AND LEGALITY
this-Ldayof. ~~1998.
::LEY~r NdtJ
City Attorney
Legiil Description:
EXHIBIT A- Pk* I ~;!,
(Parcel 4) pcr Official Records Book 4045, Page 0657
That part of tract 4, Orlando Groves Association, Lake Lotta Groves, according to the plat
thereof as recorded in Plat l300k " E'\ page 52, public records of Orange c.ounty. Florida, more
particularly described as foUows:
From the ~outhwcst comer of said tract 4. run south 89d48'43" east 260.00 feet along the north
I inc of CitrU!i Oaks Phase One. as recorded in Plat Book ] 4. page 7, said public records; thence
run north ODd 18'54" east 260.00 feet, parallel with the west line of the northeast 1/4 of l'cction
28, township 22 south, range 28 cast, to the point ofbesinning~ thence run north 89d48'43"west
179.16 feet to the east line ofa 30 foot right of way os described in said plat ofJ,ake Lotta
Groves; thence from a tangent bearing of north 04dI8'43" west. run northwesterly along the arc
of 8 curve, concave westerly, having a radius of 96.15 teet and central angle of 76d32'S3" for
distnnce of 128.21 feet; thence continuing along said right of way run north 00dl8'S4" east
233.44 feet to a point on the south right of way line of State Road SO; thence along said right of
way line run south 89d351231/ east J J 65.64 feet to the intersection of said right of way Jine with
the southerly prolongation of the western boundary of Block "An, said plat of Orlando Groves
Associlltion, Lake Lotta Groves; thence south 20d24'53" west along said southerly prolongation
of Block "A"179.89 feet more or less to the centerline of an unnamed creek; thence along said
centerline run the following courses; north 37d45'43" west ) 20.30 feet; north 86d56'5]" west
130.64 feet; south 72d29'39" west 161.43 feet south 71d09'57" west 101.04 feet; south 62d48'55"
west 126.45 feet; south 63d05'14" west 200.00 fcet; thence leaving said centerline of the creek;
run south OOd18'54"west 18.00 feet to the point of beginning, containing 4.47. acres or less.
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EXHIBIT "B"
WESTOAKSSQUAREPUD
located on the south side of West Colonial Drive approximately Y4 mile east of
the intersection of West Colonial Drive and Clarke Road
Case Number: LS-98-005