2013-008 Park Place - RezoningDOC# 20130318993 B: 10587 P: 4014
06/18/2013 02:19:14 PM Page 1 of 13
Rec Fee: $112.00
Martha 0. Haynie, Comptroller
Orange County, FL
ORDINANCE NO. 2013-008 MB - Ret To: OCOEE
(Rezoning Ordinance for Park Place) I AR11', k I +'III
TAX PARCEL ID #: 29- 22 -28- 8895 -01001
CASE NO. RZ- 12- 06 -03: Park Place (fka Skorman /Lake Butler Property)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE GENERAL
COMMERCIAL (C -3) DISTRICT, TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 14.11 ACRES LOCATED ON THE NORTHEAST
CORNER OF MAGUIRE ROAD AND TOMYN ROAD, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR A REVERTER CLAUSE;
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 14.11 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee General Commercial (C -3) District, 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 August 14, 2012 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
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 May 21 _201 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 l 4.1 1 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee General
Commercial (C -3) District, to Ocoee PUD, "Planned I Tnit 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. LAND USE PLAN The following Land Use Plan for the Property
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon:
That certain Land Use Plan for Park Place PUD prepared by Miller Legg, date
stamped received by the City on February 28 2 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 the same (the "Land Use Plan ").
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 4. REVERTER The Conditions of Approval incorporated into the Land
Use Plan require that, subject to the absence of certain conditions, the developer of the Property
make application for the first building permit for the residential portion of the site not later than
eighteen (18) months after the date of approval of the Land Use Plan. In the event the
application for building permit condition is not met and the City Commission does not desire to
extend the time period, after notice and public hearing, the City Commission may terminate the
Land Use Plan and cause that the zoning for the Property revert back to Ocoee General
Commercial (C -3) District.
2
SECTION 5. 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 6. 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 7. CONFLICTING 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 become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this 0= — day of , 2013.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
1 enberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this ZI a` day of MA'y , 20
Shuffield Lowman & Wilson P.A.
S. Scott Vandergrift, Mayor
ADVERTISED , 20a
READ FIRST TIME 11 , 20 0.
READ SECOND TIME XND ADOPTED
, 20L
Under Ag nda Item No.
By:
Scott A.
EXHIBIT "A"
(The "Property ")
PARCEL 1, VILLAGES OF WESMERE, AS RECORDED IN PLAT BOOK 70,
PAGES 9 THROUGH 17, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.
CONTAINS 614,510 SQUARE FEET OR 14,107 ACRES MORE LESS
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EXHIBIT "B"
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Mayor
S. Scott Vandergrift
City Manager
Robert Frank
TO: CLERK/COMPTROLLER ORANGE COUNTY, FLORIDA
Post Office Box 38
Orlando, FL 32802
Recording:
Fees For Rec
FROM: Beth Eikenberry, City Cleric 1St Page c $10.00
City of Ocoee Add'1 Pages = $ 8.50
150 N. Lakeshore Dr.
Ocoee, FL 34761
DATE
RE:
Instrument Doc Stamps Recording Costs Total
Commissioners
Gary Hood, District I
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel feller, District 4
F w . * - ' Mq W. 0 A P
uh P ei ULM
IL
-
TOTAL $ ,
SPECIAL INSTRUCTIONS: Please charge to the City of Ocoee, Account # 142, Pin #2363.
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
pliom: (407) 905 -3100 • fax: (407) 905 -3168 • wwNv.ocoee.org
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
June 13, 2013
Martha O. Haynie, Orange County Comptroller
P.O. Box 38
Orlando, FL 32802
Dear Sir /Madam:
Commissioners
John Grogan, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
On May 21, 2013, the City of Ocoee adopted Ordinance No. 2013 -008 for Case No. RZ- 12 -06-
03: Park Place PUD (fka Skorman/ Lake Butler Property). The subject property is located on the
northeast corner of Maguire Road and Tomyn Road. Enclosed is the adopting Ordinance No.
2013 -008 for Case No. RZ- 12- 06 -03: Park Place PUD, which includes the legal description and a
map showing the affected area.
Please update your records to reflect this change in Ocoee's Zoning Map.
If you have any questions or need additional information, please contact Diana Turner,
Municipal Records Coordinator at (407) 905 -3100, extension 9 -1023.
Sincerely,
iana Turner
Municipal Records Coordinator
Enclosure
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoeeAus
_ r enter of Good r ;,_ _