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Home My WebLink AboutOrdinance 98-12 ORDINANCE NO. 98-12 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE OCOEE CITY CODE AS THEY RELATE TO ACTIVITY CENTERS; ADDING SECTION 5-3.2 ENTITLED "OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN" OF ARTICLE V OF CHAPTER 180 OF THE OCOEE CITY CODE WITH RESPECT TO ENACTING THE ACTIVITY CENTER SPECIAL OVERLAY AREA FOR THE GOOD HOMES ACTIVITY CENTER, WEST OAKS ACTIVITY CENTER, LAKE BENNET ACTIVITY CENTER, AND MINORVILLE ACTIVITY CENTER; PROVIDING IN SAID PLAN FOR AN INTRODUCTION, STATEMENT OF INTENT, BOUNDARY MAP, CONCEPT PLAN, PRIVATE AREA SPECIAL REGULATIONS (INCLUDING SITE, LANDSCAPE, BUILDING AND SIGNAGE DESIGN, STANDARDS AND A PLANT MATERIALS LIST), AND PUBLIC AREA SPECIAL REGULATIONS (INCLUDING LANDSCAPE AND EQUIPMENT DESIGN STANDARDS IN PUBLIC RIGHTS-OF-WAY AND DESIGN STANDARDS FOR PUBLIC FACILITIES); PROVIDING THAT DEVELOPMENT WITHIN SAID ACTIVITY CENTERS SHALL COMPLY WITH THE SPECIAL DEVELOPMENT PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, and Seetions 4-6 and 5-3.1 of the Oeoee Land Development Code, the Oeoee Planning and Zoning Commission, aeting as the Local Planning Ageney of the City (the "LPA") has held an advertised publie hearing on June 18, 1998 to review and eonsider the Oeoee State Road 50 Aetivity Center Special Development Plan (the "Speeial Development Plan") and the ereation of Special Overlay Areas for the Good Homes, West Oaks, Lake Bennett and Minorville Aetivity Centers (eolleetively, the "Activity Centers"); and C :\All_ Data\AHPD FILE\Proj ects\SR50CORR \ordi-act. doc WHEREAS, after eonsideration of the eomments raised at the publie hearing, the LPA reeommended that the City Commission adopt by ordinanee the Speeial Development Plan and establish the geographie boundaries of the Aetivity Centers as modified by the LPA; and WHEREAS, pursuant to Chapter 163 and Seetion 166.041 (3)(e), Florida Statutes, and Seetions 4-6 and 5-3.1 of the Oeoee Land Development Code, the Oeoee City Commission held advertised publie hearings on July 7, 1998 and on July 21, 1998 to receive public comment on this Ordinanee, the Special Development Plan and the geographie boundaries of the Aetivities Centers; and WHEREAS, the City Commission of the City of Oeoee finds and determines that this Ordinanee is eonsistent with and implements the City of Oeoee Comprehensive Plan and that adoption of this Ordinance is in the best interest of the City of Oeoee. C :\All_ Data\AHPD FILE\Projects\SR50CORR \ordi-act.doc NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Oeoee has the authority to adopt this Ordinanee pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes, and Seetions 4-6 and 5-3.1 of the Oeoee Land Development Code. SECTION 2. Seetion 5-3.2 of Article V of Chapter 180 of the Code of Ordinances of the City of Oeoee, Florida, is hereby adopted as follows: Section 5-3.2 OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN. A. Establishment of Geographic Boundaries of Activity Centers. Pursuant to Section 5-3.1 (c)(3) of the Ocoee Land Development Code, the specific geographic boundaries of the Good Homes Activity Center, West Oaks Activity Center, Lake Bennett Activity Center and Minorville Activity Center are hereby established as the boundaries depicted in Exhibit "A" attached hereto and by this reference made a part hereof The foregoing Activity Centers as depicted in Exhibit "A" hereto are collectively referred to in this Section as the ''Activity Centers" and individually referred to as an ''Activity Center." The City Commission hereby finds that the boundaries of each Activity Center are based upon a logical pattern of development or expansion which relates the properties included in each Activity Center to each other. B. Establishment of Boundaries of Special Overlay Area. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area the geographic areas of the Activity Centers as depicted in Exhibit "A " attached hereto. The foregoing Special Overlay Area shall be referred to as the "Ocoee State Road 50 Special Overlay Area". The City Commission hereby directs that the boundaries of the Ocoee State Road 50 Special Overlay Area be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. C :\AlI_ Data\AHPD FILE\Projects\SR50CORR \ordi -act.doc C. Adoption of Special Development Plan. Pursuant to the provisions of Section 4-6 of the Ocoee Land Development Code, the City Commission hereby adopts and enacts the "Ocoee State Road 50 Activity Center Special Development Plan" attached hereto as Exhibit "B" and by this reference made a part hereof Said Plan includes an Introduction, Statement of Intent, Boundary Map, Concept Plan, Private Area Special Regulations (including site, landscape, building and signage design standards and a plant materials list) and Public Area Special Regulations (including landscape and equipment design standards in public rights-ofway and design standards for public facilities). The City Commission hereby finds that the Ocoee State Road 50 Activity Center Special Development Plan complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan. D. Compliance with Special Development Plan. All development and redevelopment within the Ocoee State Road 50 Special Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above shall comply with the Ocoee State Road 50 Special Development Plan and the special regulations and standards set forth therein. The provisions of Sections 4-6 and 5-3.1 (c)(3) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the Ocoee State Road 50 Special Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above. The Ocoee State Road 50 Special Development Plan shall apply only within the specific geographic areas set forth in this Section. E. City Commission Decisions Final. In all matters involving the State Road 50 Special Overlay Area and this Section, the decision of the City Commission shall be final. F. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rights which may have been or may hereafter be granted by the City to an applicant, (2) to amend or in anyway modify any provision of any development order, developer agreement or other agreement entered into with the City prior to the effective date of this Ordinance, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Ordinance; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site, or any extension thereof, that such plan be revised so as to conform with this Section to the extent practical. C :\All_ Data\AHPDFILE\Projects\SR50CORR \ordi-act. doc SECTION 3. Severability. If any section, subsection, sentenee, clause, phrase or portion of this Ordinanee is for any reason held invalid or uneonstitutional by any eourt of eompetent jurisdietion, sueh portion shall be deemed a separate, distinet and independent provision and sueh holding shall not affect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Ordinanee shall beeome effeetive immediately upon passage and adoption. ,J. PASSED AND ADOPTED this 4L-day of ,;f"" (,,"l-, 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA c$~. (SEAL) ADVERTISED JUNE 25, 1998 AND ADVERTISED JULY 16, 1998 READ FIRST TIME JULY 7, 1998 READ SECOND TIME AND ADOPTED J~L.~ ,).1 ,1998 UNDER AGENDA IT NO. VI 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APP~OVED AS TO FORM AND LEGALITY this l day of3ul7 ,1998. FOLEY & LARDNER By: ~ ~ fIdfldti} City Attorney C: \AI 1_ Data\AHPDFILE\Projects\SR50CORR \ordi-act.doc .. Lakes /\/ City Limits CJ Parcel Lines tz:I ~ ::r' .... tr .... rt ~ .. Good Homes Activity Center .. West Oaks Activity Center I .. Lake Bennet Activity Center 0 _ Minorville Activity Center 1/4 1/2 I 1 mile