Loading...
2022-25 Ocoee Landings PUD/PSP - Substantial AmendmentDOC # 20220671538 11/03/2022 13:51 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2022-25 Phil Diamond, Comptroller Orange County, FL (Substantial Amendment to Ocoee Landings PUD/PSP) Ret To: CSC INC TAX PARCEL ID: 16-22-28-4532-00-140 CASE NO. RZ-22-07-41: Ocoee Landings PUD/PSP AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE OCOEE LANDINGS PUD/LUP FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 6.84 ACRES AND LOCATED ON THE NORTH SIDE OF WEST SILVER STAR ROAD AND APPROXIMATELY 460 FEET EAST OF THE LAKE JOHIO ROAD AND EAST SILVER STAR ROAD INTERSECTION, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE OCOEE LANDINGS PUD/LUP TO ALLOW A COMMERCIAL AND RESIDENTIAL MIXED USE BUILDING ON LOT 4 OF THE PUD; FINDING CONSISTENCY WITH THE COMMERCIAL FUTURE LAND USE MAP DESIGNATION OF THE OCOEE COMPREHENSIVE PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described owner (the "Owner"), has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the "Amendment") to the Ocoee Landings Planned Unit Development / Land Use Plan (PUD/LUP) and Preliminary Subdivision Plan (PSP), as approved by the Ocoee City Commission on October 20, 2015 (the "PUD/PSP"); WHEREAS, the Amendment was scheduled for study and recommendation by the Development Review Committee ("DRC") on August 23, 2022; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ("P&Z"); 20220671538 Page 2 of 5 WHEREAS, on August 30, 2022, the P&Z held an advertised public hearing on the Amendment and, after discussion, recommended denial of the Amendment to not allow a mixed use building on Lot 4 of the PUD/PSP; and WHEREAS, on November 1, 2022, the Ocoee City Commission has held an advertised de novo public hearing with respect to the proposed Amendment and this Ordinance and determined that an Amendment to the PUD/PSP to allow a commercial and residential mixed use building on Lot 4 of the Ocoee Landings PUD and this Ordinance are consistent with the City of Ocoee Comprehensive Plan, as amended; 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: SECTION 1. Authori . 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 PUD/PSP. The Amended PUD/PSP, prepared by Mijax Manager, LLC, date stamped received by the City of Ocoee on May 24, 2022, with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving same, is hereby approved, subject to the Conditions of Approval as approved on October 20, 2015. The Amended PUD/PSP is attached hereto as Exhibit "A", and by this reference made a part hereof. As described therein, the Amended PUD/PSP amends the previously approved PUD/PSP for Ocoee Landings PUD/PSP. All references to the PUD/PSP or the Amended PUD/PSP for Ocoee Landings PUD/PSP shall hereafter refer to the -2- 20220671538 Page 3 of 5 previously approved PUD/PSP for Ocoee Landings PUD/PSP as amended by the attached Amended PUD/PSP. SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 4. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this Ordinance. SECTION 5. 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 6. Effective Date. This Ordinance shall become effective ten (10) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this 1551- ' day of �.vVq . 2022. Shu -3- CITY OF OCOEE, FLORIDA Rusty Johns QM or ADVERTISED ,eY , 2022 READ FIRST TIME e , 2022 RE D SECOND TIME AND PASSED Ap�lye / , 2022 UNDER AGENDA ITEM NO.__W 20220671538 Page 4 of 5 EXHIBIT "A" LOT 14, OF LAKE — JOHIO SHORES, AS RECORDED IN PLAT BOOK Q, PAGE 54, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA TOGETHER WITH #1: COMMENCE AT SOUTHEAST CORNER OF TRACT "A", JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28, PAGE 3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT OF WAY LINE OF JOHIO SHORES DRIVE RUN SOUTH 00014' 12" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EXTENDED WEST RIGHT OF WAY LINE OF JOHIO SHORES DRIVE RUN 00014' 12" EAST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EAST EXTENDED RIGHT OF WAY LINE AND ALONG THE SOUTH RIGHT OF WAY LINE OF AZALEA RANCH LANE, RUN SOUTH 89031' 18" EAST, A DISTANCE OF 598.73 FEET TO THE POINT OF BEGINNING. TOGETHER WITH #2: COMMENCE AT SOUTHEAST CORNER OF TRACT "A", JOHIO BAY SUBDIVISION, RECORDED IN PLAT BOOK 28, PAGE 3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE ALONG THE EXTENDED WEST RIGHT OF WAY LINE OF JOHIO SHORES DRIVE RUN 00014'12" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EXTENDED RIGHT OF WAY LINE, RUN NORTH 89°31' 18" EAST, A DISTANCE OF 81.81 FEET; THENCE SOUTH 00014'12" EAST, A DISTANCE OF 153.32 FEET; THENCE SOUTH 48047'47" EAST, A DISTANCE OF 79.07 FEET TO A POINT ON A NON TANGENT OF 12°45'53" AND A CHORD DISTANCE OF 184.25 FEET WHICH BEARS SOUTH 49047'38" WEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG THE NORTH RIGHT OG WAY LINE OF STATE ROAD 438, A DISTANCE OF 184.63 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE OF SAID STATE ROAD 438, RUN NORTH 00004' 12" WEST, A DISTANCE OF 323.67 FEET TO THE POINT OF BEGINNING. LESS THE FLOWING DESCRIBED TRACT OF LAND FOR ROAD RIGHT OF WAY FOR SILVER STAR ROAD (STATE ROAD 438) PER D.O.T RIGHT OF WAY MAP SECTIONNO.: BEGIN AT THE SOUTHEAST CORNER OF LOT 14, OF LAKE JOHIO SHORES, AS RECORDED IN PLAT, BOOK Q, PAGE 54, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, RUN SOUTH 89.31' 18" WEST ALONG THE SOUTH LINE OF SAID LOT 14 A DISTANCE OF 1849.74 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE RUN NORTH 00002'20" EAST ALONG THE WEST LINE OF SAID LOT 14 A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SILVER STAR ROAD' PER THE DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY MAP i� 20220671538 Page 5 of 5 SECTION AND JOB NUMBER 75702-2601, SHEET 4 OF 7; THENCE RUN NORTH 89°31' 18" EAST ALONG SAID NORTH RIGHT WAY LINE A DISTANCE OF 1779.31 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 533.69 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 70.03 FEET THROUGH A CENTRAL ANGEL OF 07031'05" TO A POINT OF THE EAST LINE OF SAID LOT 14; THENCE RUN SOUTH 00004' 12" EAST ALONG SAID EAST LINE A DISTANCE OF 14.67 FEET TO THE POINT OF BEGINIING. ALSO, LESS THAT PART LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: COMMENCE AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF THE NORTHEAST '/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EATS, WITH THE CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR ROAD) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORATION RIGHT OF WAY MAP SECTION 75250- 2525, SAID POINT LYING 814.586 METERS (2672.52 FEET) SOUTH 00°09'56" WEST OF THE NORTHWEST CORNER OF SAID NORTHEAST '/4; THENCE NORTH 89°37'49" EAST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 234.658 METERS (769.87 FEET) TO THE POINT OF INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 14 LAKE JOHIO SHORES AS RECORDED IN PLAT BOOK Q, PAGE 54 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, WITH THE CENTERLINE OF SURVEY OF S.R. 438 (SILVER STAR ROAD) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORATION RIGHT OF WAY MAP SECTION 75250- 2525, FOR A POINT OF BEGINNING; THENCE DEPARTING SAID CENTERLINE OF SURVEY RUN NORTH 00009'59" EAST ALONG SAID SOUTHERLY EXTENSION AND WEST LINE A DISTANCE OF 20.272 METERS (66.51 FEET); THENCE DEPARTING SAID WEST LINE RUN NORTH 89023'00" EAST A DISTANCE OF 425.821 METERS. (1397.05 FEET) TO THE POINT OF CURVATURE OF A CURVE CONCAVE, NORTHWESTERLY, HAVING A RADIUS OF 252.600 METERS (828.74 FEET) AND CHORD BEARING OF NORTH 72047' 12" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33011'36 A DISTANCE OF 146.640 METERS (480.12 FEET) TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SOUTH 00004' 12" WEST ALONG SAID EAST LINE AND A SOUTHERLY EXTENSION THEREOF A DISTANCE OF 62.361 METERS (205.48 FEET) METERS (573.69 FEET) AND A CHORD BEARING OF SOUTH 86008'51" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE OF 06059'54" A DISTANCE OF 21.257 METERS (70.07 FEET) TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID CENTERLINE OF SURVEY SOUTH 89037'49" WEST A DISTANCE OF 542.432 METERS (1779.63 FEET) TO THE POINT OF BEGINNING. -5-