HomeMy WebLinkAboutOrdinance 98-14
ORDINANCE NO. 98-14
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
REVISED LAND USE PLAN FOR THE PLANTATION
GROVE PUD, ON CERTAIN REAL PROPERTY LOCATED
NEAR THE NORTHEAST CORNER OF MAGUIRE ROAD
AND MOORE ROAD, AS PETITIONED BY THE
PROPERTY OWNERS; AMENDING THE PLANTATION
GROVE PUD SECOND REVISED LAND USE PLAN AS IT
RELATES TO THE MULTI-FAMILY PORTION OF THE
PROJECT BY APPROVING REVISED CONDITIONS OF
APPROVAL WHICH REDUCE SETBACKS FROM
RETENTION PONDS, MINIMUM NET LIVING FLOOR
AREA AND PARKING SPACE DEPTH; AMENDING THE
CONDITIONS OF APPROVAL RELATED TO MOORE
ROAD AS IT RELATES TO THE COMMERCIAL PORTION
OF THE PLANTATION GROVE PUD; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of certain real property located within the corporate limits
of the City of Ocoee, Florida, as described in the legal description provided for in the land use
plan attached hereto as Exhibit "A", has petitioned the City Commission of the City of Ocoee,
Florida (the "Ocoee City Commission") to approve revisions (the "Amendment") to the
Plantation Grove PUD Second Revised Land Use Plan, as approved by the Ocoee City
Commission on May 5, 1992, and amended by a non-substantial amendment approved by the
Ocoee City Commission on November 5, 1996 (the "Second Revised Land Use Plan");
WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of
Ocoee, Florida (the "Ocoee City Code"), the Planning Director has reviewed said petition and
determined that the Amendment is consistent with the City of Ocoee Comprehensive Plan (the
"Ocoee Comprehensive Plan");
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee (DRC) on June 3, 1998;
WHEREAS, the DRC voted unanimously to recommend approval of the
Amendment;
WHEREAS, the Amendment was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee ("PZC") on June 24, 1998;
WHEREAS, the PZC reviewed the Amendment for consistency with the Ocoee
Comprehensive Plan and determined that the Amendment 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 it approve the Amendment and find it consistent with the Ocoee
Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the proposed Amendment and made revisions to the
proposed Amendment at said public hearing;
WHEREAS, the Ocoee City Commission has determined that the Amendment,
as revised by the Ocoee City Commission, 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), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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SECTION 1. 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. Amendment to the Second Revised Land Use Plan. The
Conditions of Approval to the Second Revised Land Use Plan for the Plantation Grove PUD,
as approved by the Ocoee City Commission on May 5, 1992, and amended by a non-substantial
amendment approved by the Ocoee City Commission on November 5, 1996, are hereby amended
as follows:
A. Condition of Approval # 7 is amended to provide that all building setbacks from
retention ponds in the multiple family parcel be reduced from 25 feet to 15 feet.
B. Condition of Approval # 25 is added to read: "Due to the spacing of the entry
road for multifamily portions of this project, the developer may be required to
install concrete median separators within Moore Road as part of the Final Site
Plan for Phase III of the commercial portion of the PUD. "
C. The Additional Conditions of Approval are amended by reducing the minimum
net living floor area in Parcel "A" (multi-family area) from 750 square feet to
650 square feet.
D. A Waiver Table is added which reduces the parking space depth from the Code
requirement of 20 feet to the requested depth of 18 feet with a 2 foot grass
overhang.
E. Condition of Approval #26 is added to read: "All references to "retail
commercial" or "commercial" land uses within the development shall refer to
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those uses permitted within the C-2 Zoning District under the Ocoee Land
Development Code, as it may from time to time be amended. Any uses with the
C-2 Zoning District which require a Special Exception shall be permitted within
the development only in accordance with the procedures and conditions applicable
to lands located within the C-2 Zoning District."
F. Condition of Approval #27 is added to read: "All multi-family dwelling unit
structures situated along the permimeter of the multi-family tract where it adjoins
the single family tract shall be limited to two stories maximum height in order to
minimize adverse visual impacts and to better integrate the project with
surrounding lower - intensity residential uses. "
G. Condition of Approval #28 is added to read: "In order to adequately buffer the
higher intensity multi-family units from adjoining single family residences, a
continuous six foot high masonry brick wall meeting all building code standards
shall be constructed along the perimeter of the multi-family tract where it adjoins
platted single family lots. Said buffer wall is to be constructed prior to
commencement of construction for each phase of the multi-family development. "
All Amendments are reflected in the Second Revised Land Use Plan for the Plantation Grove
PUD of June 1998 and date stamped received by the City on June 9, 1998, as revised by the
City Commission at its meeting of July 21, 1998, said plan superseding and replacing all
previously approved land use plans for the Plantation Grove PUD. All references to the Land
Use Plan or the Second Revised Land Use Plan for the Plantation Grove PUD shall hereafter
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refer to the aforementioned plan, as revised by the City Commission, which is hereby approved
by the City Commission.
SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that the Amendment, as revised by the City Commission, is consistent with the
Ocoee Comprehensive Plan.
SECTION 4. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this till ~ day of J Ii to ~
, 1998.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
S S'rt;-;)~dJ-
S. Scott Vandergrift, Maydr
(SEAL)
ADVERTISED July 10 , 1998
READ FIRST TIME July 7 ,1998
READ SECOND TIME AND ADOPTED
July 21 , 1998
UNDER AGENDA ITEM NO. VI C
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS;I:OI FORM AND LEGALITY
this ~ , day of 0 U l7' ' 1998.
FOLEY & LARDNER
1J>- ;J · ,.J.JJ
By: I/o. I- YJf1JU/
City Attorney
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