The URL can be used to link to this page

2018-002 Inspiration PUD - Rezoning DOCK 20180216695 04/11/2018 12:41:50 PM Page 1 of 5 Rec Fee: $44.00 Phil Diamond, Comptroller ORDINANCE NO. 2018-002 Orange County MB - Ret To: CFL CITY OF OCOEE (Rezoning Ordinance for Inspiration PUD) 'III ':11 Nit III TAX PARCEL ID: 30-22-28-0000-00-004 30-22-28-0000-00-017 CASE NO. RZ-17-08-05: Inspiration PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 AND OCOEE "C-3 (COMMERCIAL)" TO OCOEE PLANNED UNIT DEVELOPMENT (PUD) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-16.27 ACRES LOCATED SOUTH OF FLORIDA'S TURNPIKE AND ON THE WEST SIDE OF MAGUIRE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 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+/-16.27 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 and Ocoee "C-3" to Ocoee Planned Unit Development(PUD); 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 City Development Services Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 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, on October 10, 2017, 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 find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on Pidire4 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, 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 +/-16.27 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 and Ocoee "C-3" to Ocoee Planned Unit Development (PUD). 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 become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of jy7�irZ4, , 2018. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA ``wog c f N;- e ie Sibbitt,'City Clerk F Rusty John.it ayor rr< -� (SEAL) ADVERTISED brk F ,2018 c READ FIRST IME T7Lpr /(f , 2018. -w Of; T READ SECOND TIME AND ADOPTED Y,h ,2018. UlQ�/Agenda Item No. // FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this 641 day of tAr444- , 2018. SHUFFIELD LOWMAN & W LSON,P.A. By: City ; • EXHIBIT "A" THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST '/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING SOUTH OF SUNSHINE STATE PARKWAY, MORE PARTICULARLY DESCRIBED AS: COMMENCE AT THE EAST 'A CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89°18'41" WEST, 921.65 FEET ALONG THE 1/4 SECTION LINE FOR A POINT OF BEGINNING: THENCE NORTH 00°39'00" WEST, 660.07 FEET PARALLEL TO THE EAST LINE OF THE BORTHEAST 1/4 OF SAID SECTION 30 TO A CONCRETE MONUMENT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 4,495.60 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 80°29'23" EAST RUB EASTERLY 853.49 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°52'39"; THENCE SOUTH 00°44'12" EAST, 269.30 FEET; THENCE SOUTH 17°26'09" EAST, 137.05 FEET; THENCE SOUTH 00°39'00" EAST, 30 FEET TO THE AFORESAID 1/4 SECTION LINE; THENCE SOUTH 89°18'41" WEST, 861.03 FEET TO THE POINT OF BEGINNING, LESS THE SOUTH 30 FEET FOR ROAD RIGHT-OF-WAY AND THE NORTH HALF OF THE VACATED RIGHT OF WAY LINE SOUTH OF THE ABOVE DESCRIBED PROPERTY. ALL LYING AND BEING SITUATE IN ORANGE COUNTY, FLORIDA. INCLUDING THE FOLLOWING: PARCEL 1 THAT PART OF THE WEST 12 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST LYING SOUTH OF THE FLORIDA TURNPIKE, LESS THE SOUTH 30 FEET THEREOF, ALL LYING AND BEING IN ORANGE COUNTY, FLORIDA. PARCEL 2 TOGETHER WITH THE SOUTH 30 FEET OF THAT PART OF THE WEST 12 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST LYING SOUTH OF THE FLORIDA TURNPIKE, ALL LYING AND BEING IN ORANGE COUNTY, FL, A/K/A THE NORTH 'A OF THE VACATED RIGHT OF WAY LYING SOUTH OF THE LANDS DESCRIBED AS PARCEL 1 ABOVE. Exhibit "B" Location Map __1 L L_Colcmlal____ILJ1010 ( h �� \ L I W i r 3 _ co 27 1 Old Witter G den S . a -ii., - g®,, ` ,t i''''' W • _ 4 . -i,„. . .., ,w,,,,_ ., .. 4,,,›. ‘,„ , \ , \ \\\N, ,.. „..„ i I i I k#4,„ 4.6 swiss* - Tomyn , ■■11/#%�1�4 j �O % �� 1� � . L/1 j7 11111111111111 11j�\ . . imill, i ix 54 _ .\ ♦ Oil . !,� — III. T �. . t m4141■■1■1011111�� i *fgnu — - � hs9IIII law aa .41 MI - • o � - a � , ��■ ;71 ITO mot BIM ..., _ plain num a , er.. i'; o . ., 111't'1 .: E. • UL! iLLL. t • , L. %NI = — 6. \��IGiJ - 1111. Es ww.Jor-,orrioliaLuo 1_, mm mi.,,L, -rri = ♦♦re'�liaNij ,, Il►/r� niiir 1°I n 1 0 14/1?‘/,/,�1��iI 4. g ° /IIIA