The URL can be used to link to this page

Home My WebLink AboutOrdinance 98-10 ORDINANCE NO. 98-10 PROJECT NO. 98-001: SUMMERVILLE @ OCOEE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE, C-2, COMMUNITY COMMERCIAL DISTRICT, TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.4 ACRES LOCATED ON CLARKE ROAD, APPROXIMATELY 1/4 MILE SOUTH OF THE INTERSECTION OF SILVER STAR ROAD AND CLARKE ROAD ON THE WEST SIDE OF CLARKE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, 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(B) 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 5.4 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Ocoee, C-2, Community Commercial Districf', 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 said land herein described 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 said real 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 Mellich-Blenden Engineering, Inc., dated May 19, 1998, stamped received by the City of Ocoee on May 19, 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 lands described in this Ordinance 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 J b t( day of J"I.J~ ,1998. APPROVED: CrrxpF O,COEE, ~~ORI~~ ,~ ~(jcl IJ c{~gl S. Scott Vandergrift, Mayor. JE (SEAL) ADVERTISED JUNE 4, 1998 READ FIRST TIME JUNE 2,1998 READ SECOND TIME AND ADOPTED J"UN~ IlDJlqqll UNDER AGENDA ITEM NO. Vi B 1 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPR?(ED AS TO EQRM AND LEGALITY this .b day of U LMe , 1998. FOLEY ~RDNER BY~>-~ City Attorney I I I I EXHIBIT ftAft i I CITY OF OCOEE PLANNING DEPARTMENT VERIFlED LEGAL DESCRIPTION FORM The following legal description has been prepared by~"e.L C:::::oc:cp> . and submitted to the City Planning Department for verification. ~ ~l - Signature J-Z-S-C1. ~ - Date I APPUCATION REQUEST (OFFICE USE ONLY): FILE NO: q~- 00) I LEGAL DESCRIPTION (TO BE TYPED BY APPUCANT): Lot 2 of the plat of Lake Olympia Square as recorded in Plat Book 28, page 103 I I I I of the public records of Orange County, Florida. I i I I I I SUMMERVILLE @ OCOEE located on Clarke Road approximately 1/4 mile south of the intersection of Silver Star Road and Clarke Road EXHIBIT "B" ~- " '::. IT .~~:;O:~"f:::': ~"""',;..;t. ...,..""~.,._..., ::1l"':' Ic:-t ' )rr UHf .. :..-" b,\ j i I- tMtr\'l4:\ t.iJd (W)K~~C~~/ - I 1.{ , I I ,~ -:-; :1 2':';:.< ...~ -. ~'ft-'C;~~~v~y- ~J3C :t'YV 7\:\... , ~ ~ r-j'~ hI' '- H ~ iT/.1- -i1" / f--,~ I H · j '~l\ :%'f IT. f. f.. >t.::, ..0,.'<,.< .':: ,.,.,.,~:..::-:\ f,":"'~ '.:':\ ." ,....::... .. :'. ""'::,,:"."-,'. './\..1 Q ""1Jifi~:ct .....:.........,~.'..... . ~~~ ';:<"::::1 ~f i0;~'"J;;O" :ii -uJJ...:'\: - ...\ . ~ ~ :;...! : ! :cr Ii' " (;7 16 \ ) >- H' 1 I f i I \~O!lr=l V ~ -j' . : I , '-Jl!:1 /_~, ... "'furt' J .....--~ , " 'w~.,.........:., R-1-A ::~f~-= . t,:j :.....L.. i I R 1 =~ ;~; E .~~~~.~~.. /.1111 11\ - - '"""" . "" """f.'1'".....:,',..," ,I :.:.,: ,'.......H............, I! .~ -l[J~q~ . .:-to~~+-?-,' T' ; ,..,t~ J =i-ipi~H-:-it:H~i~~"'- , :-d::-ri:i ~-.; r-HrtRTil ~ .,-. J~~ F I :- . ;;-1 ~ ~ ; ~-~ ftl I' ~', ' .' ~ Y. r'r-1L---...... B~ /' X':</" - _..,.....,,'~,.- -, ..'..._" it- ,.<;" A' (I:,:.,.:.,;.:.:.. ". '~ ,\ J SPRING,-:-.:;-, ~~ ~ II : \.,~. 1-~ lAKE r':;<' '/ 'I,,\"~';'L . .:: Q ~ f2:;:::' J -f ;\~: ',:.t;~ ~ ~I~" A.....::..:......:.' ~~~~ill,:>.::.\lli:,.~,.';"". I,. ~ ~ ~ ; : I ~UI, I ' '-;J ~ 'lTlft ~:,:,,: rl;'iJ:1:G~f:-)':::'~~ff-+4~hj"':"- ..c - I I I ...1...... I - J try::,........ \.puo -- /,.3" I 1""'f'I' : I / k 7"':;-- .; i: -- I i I I I I : I I , ~ .. 4 ~ J r7:" L';.(. l.;L, I r (I 'I I 1 ~'r\ ~/'" 7' R-l-A ':'':':;' ~ ~- /1'/i'IIII,.~ ::1: I IJ."'=',/t J~"I -:-:/ lAKE ...._'! : I , : I I I I I I I : I ' ',--::lJ.;,n;.!I'~j ~ ,~ ~ R-I-A JOHIO E ,= -- + ", "I':;']2 .. -'5 ~. ~ R-l-~" I >-! 'J JS., ~ ~' .- ...~ '/..::-t" .. ...- llll.,... - - - m"'\ f..- 'I \ : f ~"7 rl I' - ;:. ,._..,...Uo7. ~'. ~::' t:,T; , ~."u> .~ :, ~ R -- IJ -- ;... A . ............-...... E~::N:~.l Case #98-001 Rezonmg , _.-.: 11 I :L '-J' Case #1-lSE-98 ~.. r:t;::;. I ..--sttf ~. Special Exception . :':". 10(. 11~/U( I T'r~ '....~~ ',fll,{lllt;,N: ~ ..l..: I L!....L. Ill.!. I /, ...;..' : I. :l \: ~CJ .w..w t- I, -.-. /' LAKE OLYMPIA .... - 16 1 211 0-" r~~u-"'/' r. r.:::~:F..-~~~/.~-: I, , ,. "N Case Number: 98-001 Case Number: 1-1SE-98