2014-016 Westyn Bay Commercial - RezoningORDINANCE NO. 2014-016
(Rezoning Ordinance for Westyn Bay Commercial)
TAX PARCEL ID #: 06- 22 -28- 0000 -00 -067
DOCa 20140528395 B: 10820 P: 9071
10/16/2014 11:07:20 AM Page 1 of 9
Ree Fee: $78.00
Martha 0. Haynie, Comptroller
Orange County 1 FL
MB - Ret To: VCOEE
CASE NO. RZ- 14- 03 -03: WESTYN BAY COMMERCIAL
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE C -2, COMMUNITY
COMMERCIAL, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT,"
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY
20.85 ACRES LOCATED ON THE SOUTH WEST CORNER OF OCOEE
CROWN POINT PARKWAY AND OCOEE APOPKA ROAD, 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 20.85 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee C -2, Community Commercial, 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 491 -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 June 10, 2014, 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_1281024.1
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 ' the Ocoee City Commission held a de novo
advertised public hearing with respect the
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 20.85 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C -2,
Community Commercial, 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. 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 Westyn Bay Commercial prepared by Kimley
Horn & Associates, Inc., date stamped received by the City on June 4, 2014, 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 above described Land Use Plan is attached hereto as Exhibit "C" and by this
reference made a part hereof.
SECTION 4. 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 5. 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.
4
SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE This Ordinance shall become effective ten (10)
days after its passage and adoption. t -'_ - 1
PASSED AND ADOPTED this - 1 4 \ day of ��UX , 201`t
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
s ;
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED e , 20B
READ FIRST TIME 19' , 2 011J.
READ SECOND TIME ARD ADOPTED
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this 1 day of pC,T. , 201J
SHUFFIELD LOWMAN & WILSON P.A.
Ln
20 t�
Under Agenda Item No.
EXHIBIT "A"
(The "Property ")
LEGAL DESCRIPTION:
A PARCH, OF LAND LYING IN SECTION 6, 'IOWNSIIIP 22 SOUFII, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT A 4 "X4" CONCRI :'1'I? MONUMLN I AT TFIF SOU'TI lliAS'I' CORNER OF THE NOR'I'HWES'1' 1/4 OF SAID SECTION 6,
AS A POINT OF REFERENCE; THENCE RUN S86 °38'39 "W, ALONG THE SOUTH LINE 'THEREOF, 649.91 FEET TO "THE POINT OF
BEGINNING. SAID POINT BEING ON THE WFST RIGHT OF WAY LINE OF COUNTY ROAD 437, THENCE RUN N28 °17'18 "F,
ALONG SAID WEST RIGI IT OF WAY LINE, 224.98 FFF TO'I HE SOUTH RIGI IT OP WAY LINF. OP OCOEE CROWN PARKWAY AS
SHOWN ON TIIF PLAT OF WES'I'YN BAY - PHASE I AS RECORDED IN PLAT BOOK 54, PAGE 29 OF THE.ORANGE COUNTY
PUBLIC RECORDS, SAID LINF. BEING A CURVE CONCAVE '1'0 TIIF SOUTHWEST; 'THENCF. RUN NORTHWESTERLY ALONG
SAID RIGHT 01: WAY LINE AND CURVE HAVING A CENTRAL ANGLE OF 103 °00'24 ", A RADIUS OF 50.00 PEST, AN ARC
LENGTH 01' 89.89 FITT, A CHORD BLARING OF N23 °12'54 "W AND A CHORD DISTANCII OF 78.26 FEET; THENCF. RUN
N74 °43'06 "W, CONTINUING ALONG SAID RIGHT OF WAY LINK, 377.69 FFFT TO A CURVI: CONCAVE TO THE SOUTH; THFiNCE
RUN WESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVET HAVING A CEN "ORAL ANGLE OF 53 °30'00 ", A RADIUS OF
640.00 FEET, AN ARC LENGTH OF 597.60 FFFT, A CHORD BLARING 01' S78 °3 1'54 "W AND A Cl IORD DISTANCE OP 576.13 FEET;
TIIFNCE RUN S51 °46'54 "W, CONTINUING ALONG SAID RIGHT OP WAY LINE, 597.88 FEET 'TO THE NORTH LINE OF'TRAC'T R,
WFSTYN 13AY - PHASE l; TIIFNCF RUN 'TIIE FOLLOWING 19 COURSFS AND DISTANCES ALONG SAID NORTH LINE:
S73 °42'26 "E, 47.48 PFFT1 S62 °42'38 "E, 62.94 FEET; S471324 "F, 64.95 FELT; S28 °47'58 "E, 72.85 FEET; S43 °05'19 "E, 54.07 FFET,
S50 °54'23 "E, 55.79 FFVT; S43 °20'42 "F, 58.64 FELT; S32 °56'16 "Ii, 80.79 FFFTI S55 °34'03" E, 79.70 PEFT; S62 °47'23 "1?, 132.67 FEET;
S66 °05'52 "F, 4291 FEET; S83 °53'01 "E, 127.83 FEET; N88 °35'25 "1'., 67.53 FEE. "T; S84 °47'00 "E, 79.25 FFFT; N88 °18'21 "E, 72.50 PFFT;
S88'31'23"1-, 50.75 FFF I; N84 °27'41"1, 35.63 FEET; N60 °25'35 "F, 73.62 FELT; S50 °12'34 "E, 5.92 FEET TO THE AFOREMENTIONED
WEST RIGHT OF WAY LINE 01: COUNTY ROAD 437, SAID LINF. BEING A CURVE CONCAVE TO THE EAST, THENCE RUN
NORTHERLY ALONG SAID RIGI TT OF WAY LINF AND CURVE HAVING A CENTRAL ANGLE OF 11'00 A RADIUS OF 2351.97
FEET, AN ARC LFNGTH OF 452.11 FFFiT, A CHORD BLARING 01: N22 °51'45 "l: AND A CHORD DISTANCE OF 451.41 FEET;
THFNCE RUN N28 °17'18 "Fi, CONTINUING ALONG SAID WFST RIGI TT OF WAY LINF 158.53 FF:ET'IO'THF. POINT OF BEGINNING.
M
EXHIBIT "B"
Westyn Bay Commercial
Location Map
■ r
I�� , �O
- - -- - -
N
EXHIBIT "C"
LAND USE PLAN
- -- -----
- - - - --
OOO6SSfi01 k1�3fOtld
AVB uAl C3!A
`v
V
f
-
00
�
No vo
zo U
� z
N O W
m
a
o
-- S��a x
3
o v
w
Q Nv
LLLLw
{
I 4
W i dL L
U w
F
a
¢ G
U _
F
z
w
b�
�3a�,.
�,
o
�—
LL N
Z ® LLU
O
W
® C)
®
W CO � �
Z LU
Q_ D
_0
CD
ILL
w
�
`
J
W
¢ C
U
w U � a
W
P HI
Z -m
G
p
°w
�w
=Sw
_
oozz<w
z�z <znw
w ok
m'dw
o of
o w
w F=o
o
-oQ
a ~o
o a�1 OUY. Uw a
oow
U U
t
io�F
>¢w
6yz?�
Fn
5�
x3z z
`z¢ as _
o v�
x o,
2
Gs cooz,.
oax
mo�aw
ic-
U
zz
¢ o
co �. -
z
s
o`
r m
t
LU
<
ct�
30
O
w
P 3
d
IVMJddV
m .:� ^ \� � - -- —
UJOH<((Aalwi)l JO SNOUICINOO
\ \ {�
\ \��
} } } } }�
{ { {( \
{ }}
� } { {}
iNlOd NMOHO \\
\ }\(
} } \\
�� \/
� {\ \
} \/ \
f
/
,......(u
3l
: ; :lg:!!
\( \
\ \ {�
\ \��
} } } } }�
{ { {( \
{ }}
� } { {}
iNlOd NMOHO \\
\ }\(
} } \\
�� \/
� {\ \
} \/ \
11
UJOH(«tCa�lU�� JNINOZMJ 1.NIOd NMONO
fl /1
w ,
7
Rw
8 R - S S'o
4 } N
I
�
x x a �� 3 ik €PA
V i
j I
�n
y ,
�ey eiido?
�� °b ° � e f
i
Y
/ � 1
\ J P
Li
UQ T
Q d O
N o
r
n
/
/
/
I
I _
lisp
i
j� y
o Q
?
o i l
lisp