Ordinance 2008-013 Rezoning - Citrus Oaks Center
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ORDINANCE NO. 2008-013
(Rezoning Ordinance for Citrus Oaks Center Parcel)
TAX PARCEL ID #: 21-22-28-6328-00-024.
DOC ~ 20080581686 B: 9766 P: 3547
09/25/2008 07:46:34 AM Page 1 of 5
Rec Fee: $44.00 Doc Type: GOVR
Martha O. Haynie, Comptroller
Orange CountY6 FL
MB - Ret To: COEE
I EI~I~~~~II
CASE NO. RZ-08-04-04: CITRUS OAKS CENTER
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE P-S, "PROFESSIONAL
OFFICES AND SERVICES" TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 2.13 ACRES LOCATED SOUTH OF AND
ADJACENT TO COLONIAL DRIVE (S.R. 50) AND EAST OF AND
ADJACENT TO CITRUS OAKS DRIVE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; 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 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 of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 2.13 acres, more particularly described in Exhibit" A" attached hereto and by this
reference made a part hereof, from Ocoee P-S, "Professional Offices and Services," to Ocoee
PUD, "Planned Unit Development;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning 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 #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, on July 8, 2008 the Planning and Zoning Commission 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 recommended to the Ocoee City
ORLA_1060851.2
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on S~~r 2 2008 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning 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)(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 Property described in Exhibit "A" containing approximately 2.13 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee P-S,
"Professional Offices and Services," to Ocoee PUD, "Planned Unit Development." A map of
said land herein described which clearly shows the area of the Rezoning is attached hereto as
Exhibit "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 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 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
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ORLA_1060851.2
PASSED AND ADOPTED this 2nd day of ~008.
ATTEST:
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FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND~i;AlJTY
this ~ day of ~bt:/- ,2008.
:~Lr~~
City Attorney
ORLA_1060851.2
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED -2'-1 , 2008
READ FIRST TIM S-, 2008.
READ SECOND TIME D ADOPTED
QJHyj-/~Ly Z, 2008.
Unde;~~Item No. ~
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EXHIBIT "A"
(The "Property")
Legal Description
THAT PAf~T OF THE FOLLOWING DESCR/BED PROPERTY LYING EAST OF
CITRUS OAKS AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOI<
3517, PAGE 2126, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.
TRACT 2, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, AS
RECORDED IN PLAT BOOK E, PAGE 52, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA, LESS THE SOUTH 741.29 FEET THEREOF
AND ALSO, LESS THE STATE ROAD 50 RIGHT OF WAY. LYING IN SECTION
28, TOWNSHIP 22 SOUTH, RANGE 28 EAST. AND
ALSO LESS THE FOLLOWING TRACT OF LAND FOR THE EAST-WEST
EXPRESSWA Y (RIGHT OF WAY):
A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA; ALSO BEING A PORTION OF TRACT 2, ORLANDO GROVES
ASSOCIATION. LAKE LOTTA GROVES, AS RECORDED IN PLAT BOOK E,
PAGE 52, OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA,
BEING MORE PART/CUlARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SECT/ON 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY.
FlOr~IDA; THENCE RUN SOUTH 00019'50" EAST, A DISTANCE OF 82.22
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE
ROAD 50; THENCE RUN SOUTH 89048'00. WEST, ALONG SAID RIGHT OF
WAY LINE, A DISTANCE OF 234.03 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID RIGHT OF WAY LINE RUN SOUTH 45035'12"
WEST, A DISTANCE OF 50.19 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF CITRUS OAKS AVENUE (PRIVATE STREET); THENCE
NORTH 00"12'00" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A
DISTANCE OF 35.00 FEET TO THE SAID SOUTHERLY RIGHT OF WAY LINE
OF STATE ROAD 50; THENCE NORTH 89"48'00. EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 35.97 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH NON-EXCLUSIVE RIGHTS OF INGRESS AND EGRESS AS
SET FORTH IN THAT CERTAIN NON-EXCLUSIVE EASEMENT AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3534, PAGE 307, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA.
TOGETHER WITH THE LANDS LYING WEST OF THE CENTERLINE OF
MICHIGAN AVENUE, AS NOW VACATED.
LESS AND EXCEPT THOSE lANDS AS SET FORTH IN THAT ORDER OF
TAKING RECORDED IN OFFICIAL RECORDS BOOK 4081. PAGE 3512 AND
THAT STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS
BOOK 4092, PAGE 4297, OF THE PUBLIC RECORDS OF ORANGE COUNTY.
FLORIDA.
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ORLA_1060851.2
ORLA_1060851.2
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EXHIBIT "B"
Citrus Oaks Center
Proposed Zoning Map
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