HomeMy WebLinkAboutItem 09 Second Reading of Ordinance for 3872 Old Winter Garden Road PUD - Annexation, Small Scale Comprehensive Plan Amendment and Rezoning to Planned Unit Development (PUD); Project No(s): AX-07-18-75, CPA-2018-007, RZ-18-07-12. ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 19, 2019
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager: 11/11 *
Subject: 3872 Old Winter Garden Road PUD (Planned Unit Development)
Annexation, Small Scale Comprehensive Plan Amendment& Rezoning to PUD and
PUD Land Use Plan
Project No(s): AX-07-18-75, CPA-2018-007 & RZ-18-07-12
Commission District#2 — Rosemary Wilsen
Background Summary:
The subject site is approximately 1.25 acres in size and is located on the south side of Old Winter Garden
Road, 260 feet east of Hempel Avenue. The subject site is currently undeveloped. The subject site parcel ID
number is 28-22-28-0000-00-019. The parcel is currently zoned A-1 and has a Low Density Residential Land
Use designation based on the City of Ocoee/Orange County Joint Planning Area FLU Map.
The table below references the future land uses, zoning classifications, and existing land uses of the
surrounding parcels.
Direction: Jurisdiction/Future Land Use Zoning Existing Land Use
North City of Ocoee/Medium Density Multi-Family Dwelling Vacant
_ Residential "R-3"
East Orange County/Low Density Residential Single-Family Dwelling Dry Retention Pond
"R-1A"
South Orange County/Low Density Residential Single-Family Dwelling Single-Family Residences
"R-1A"
West Orange County/Low Density Residential Retail Commercial District 7-Eleven Gas/Convenience
"C-1" Store
DISCUSSION:
The subject site is located on the south side of Old Winter Garden Road and 260 feet east of Hempel Avenue.
A new 7-Eleven convenience store and gas station were constructed on the west side of the parcel. The parcel
is adjacent to two paper right of ways on the south and east side. The applicant will be required to petition
Orange County to vacate the adjacent "paper" right of ways in order to meet the specifications shown on the
site data on the PUD Land Use Plan associated with the rezoning.
The applicant is proposing to develop a 33,200 SF medical office complex on 1.25 acres. The applicant is
requesting that the PUD allow a front setback of ten (10) feet, side setbacks of five (5) feet and a rear setback
of 118 feet. The applicant is proposing to rezone the property to Planned Unit Development (PUD). A Small
Scale Comprehensive Map Amendment is requested with this application to change the Future Land Use from
Low Density to Professional Office. The benefit of requesting the Professional Office land use is that it limits the
uses to only office in nature.
Utilities will be provided by Orange County via an 8-inch water line on the south side of Old Winter Garden
Road and an extension to the east for Orange County sewer.
Parking is being provided with 166 parking spaces meeting a ratio of 1 space for every 200 SF feet of office
space. Parking is provided via surface lot under the building and in the rear. A bicycle rack is also required.
Stormwater management will be provided in underground vaults under the drive isles. The approval of the PUD
does not designate stormwater requirements. If the underground system is not feasible or the water table is
high, stormwater retention will still be held onsite.
Landscape buffers on the front side and rear will be provided. Since the proposed Office use is located adjacent
to existing single-family dwellings, a six (6) foot wall, and landscaping are required on the rear property line
creating a buffer area.
Elevations of the proposed office building are provided. The applicant also provided diagrams to show the
proposed building location in proportion to the front side and rear views.
Issue:
Should the Honorable Mayor and City Commission approve an ordinance for Annexation, Small Scale
Comprehensive Plan Amendment from Low Density Residential to Professional Offices and Services, and
Rezoning to PUD with associated PUD Land Use Plan for 3872 Old Winter Garden Road PUD?
Development Review Recommendation:
The Development Review Committee (DRC) met on Wednesday, January 2, 2019. The DRC made a
recommendation of approval for the Annexation, Small Scale Comprehensive Plan Amendment and Rezoning
to PUD with associated PUD Land Use Plan.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) reviewed the proposed Annexation, Small Scale Comprehensive
Plan Amendment and Rezoning to PUD on January 8, 2019. Several emails stating an objection from the
residents of the Falcon Pointe Subdivision located on the south side were received. The residents who
attended spoke in opposition to the proposed development. A summary of the issues are as follows: 1) Why is
the property annexing and not going through County approvals. 2) How can they be sure what is approved is
built? The 7-Eleven did not do all they were supposed to do. 3) Why can't an eight (8) foot high wall be built
instead of six (6) feet? 4) Opposition to office use. 5) Opposition to the building height. 6) Drainage concerns.
The Planning and Zoning Commission had four of five members in attendance. The Planning and Zoning
Commission was unable to receive a majority vote on either a motion for a recommendation of approval or a
motion for a recommendation of denial. Therefore, the Planning and Zoning Commission is not making a formal
recommendation.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve ordinances for Annexation, Small
Scale Comprehensive Plan Amendment from Low Density Residential to Professional Offices and Services,
and Rezoning to PUD with associated PUD Land Use Plan for 3872 Old Winter Garden Road.
Attachments:
Feasibility Report
Annexation Ordinance
Small Scale Comprehensive Plan Ordinance
Rezoning Ordinance
Location Map
Zoning Map
Future Land Use Map
Aerial
Proposed PUD Land Use Plan Date stamped December 21, 2018
Financial Impact:
None
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading % Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-07-18-75 & RZ-18-07-12
APPLICANT NAME: Brian Denham
PROJECT NAME: 3872 OLD WINTER GARDEN ROAD
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below.
I. PLANNING DEPARTMENT Michael Rumer, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): Maguire Road LLC
B. Property Location
1. General Location: South side of Old Winter Garden Road and 260 feet
East of Hempel.
2. Parcel Identification Numbers: 28-22-28-0000-00-019
3. Street Addresses: N/A
4. Size of Parcels: 1.24
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: Medical Office
3. Density/ Intensity: N/A
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County Future Land Use: Low Density Residential
2. Orange County Zoning: R-1A
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: PUD
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT
1. Estimated Response Time: <_ 4 Minutes
2. Distance to Property: Distance from Station #25 (Bluford Ave) is two (2)
miles
3. Fire Flow Requirements: Fire Flow Requirement is 300 gpm
III. POLICE DEPARTMENT
1. Estimated Response Time: <- 2 mins from the PD Station
2. Distance to Property: 0.5 miles from the PD Station
3. Average Travel Time <_ 3 mins
Page 1 of 3
Applicant Name:3782 Old Winter Garden Road PUD
Project Name:Annexation
Case#:AX-07-18-75
IV. ECONOMIC VALUE Michael Rumer, City Planner
1. Property Appraiser Market Value: $152,472
2. Property Appraiser Assessed Value $152,472
3. Estimated City Ad Valorem Taxes: $900
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: $350,000
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, City Engineer
A. Potable Water
1. In Ocoee Service Area: No
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of 8" Water main on Old Winter Garden Road
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: No
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes, to an existing Orange County sewer line
4. Location and Size of N/A
Nearest Force Main:
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: No
2. Private Lift Station Needed: No
3. Well Protection Area Needed: No
Page 2 of 3
Applicant Name:3782 Old Winter Garden Road PUD
Project Name:Annexation
Case#:AX-07-18-75
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 611
VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner
At this time, adequate transportation capacity exists.
A. Transportation:
At this time, adequate park/recreation capacity exists.
B. Parks/ Recreation:
Serviced by Orange County
C. Water/Sewer:
At this time, adequate solid waste capacity exists.
D. Stormwater:
At this time, adequate solid waste capacity exists.
E. Solid Waste:
Impact fees will be assessed at Building Permit.
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner
This property is contiguous with the City Limits and will reduce the area of an enclave; therefore
this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
ORDINANCE NO. 2019-003
(Annexation for 3872 Old Winter Garden Road PUD)
TAX PARCEL ID: 28-22-28-0000-00-019
CASE NO. AX-07-18-75: 3872 Old Winter Garden Road PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/-1.25 ACRES LOCATED ON THE SOUTH SIDE
OF OLD WINTER GARDEN ROAD AND 260 FEET EAST OF HEMPEL
AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO
THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately +/- 1.25 acres of property, as more particularly described in Exhibit "A"
attached hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Land Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which has from time to time been amended by Orange
County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the
real property hereinafter described; and
WHEREAS, on January 8, 2019, the Planning and Zoning Commission of the
City of Ocoee, Florida, reviewed the proposed annexation and made no recommendation as to
the Ocoee City Commission for said annexation; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
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, Chapters 166 and
171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan
and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth
in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code.
Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 8. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
Section 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage
and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this
Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief
Administrative Officer of Orange County, Florida, and with the Florida Department of State
within seven(7) days from the effective date.
PASSED AND ADOPTED this day of , 2019.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2019
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY ,2019,UNDER AGENDA
THE CITY OF OCOEE, FLORIDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2019
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SW '/4 OF THE NW '/a LYING BETWEEN HEMPLE & ARLINGTON
AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET F/K/A
BLOCK 15 OF PARK RIDGE, PLAT BOOK 0, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF BLOCK 15, PARK RIDGE AS RECORDED IN PLAT BOOK 0, PAGE 100,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING IN THE SW '/4 OF THE NW '/a
OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CRNER OF SAD BLOCK 15, SAID POINT BEGING THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF MARKET STREET AND THE
EAST RIGHT-OF-WAY LINE OF HEMPLE AVENUE ACCORDING TO SAID PARK RIDGE;
THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE WEST LINE OF SAID
BLOCK 15 AND SAID EAST RIGHTOOF-WAY LINE; NORTH 00°17'19" WEST FOR A
DISTANCE OF 133.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 69.00 FEET WITH A CHORD BEARING OF
NORTH 52°10'11" EAST AND A DISTANCE OF 126.35 FEET TO A POINT OF TANGENCY
ON THE NORTH LINE OF SAID BLOCK 15 AND THE SOUTH RIGHT OF WAY LINE OF
SAID OLD WINTER GARDEN ROAD ACCORDING TO SAID PARK RIDGE; THENCE RUN
SOUTH 75°22'18" EAST ALONG SAID NORTH LINE AND SAID SOUTH RIGHT-OF-WAY
LINE FOR A DISTANCE OF 151.41 FEET; THENCE DEPARTING SAID NORTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE, RUN SOUTH 14°37'42" WEST A DISTANCE OF 216.00
FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 15 AND THE NORTH RIGHT-OF-
WAY LINE OF AFORESAID MARKET STREET; THENCE RUN NORTH 75°22'18" WEST
ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF
183.66 FWWT TO THE POINT OFBEFINNING.
ALSO LESS AND EXCEPT:
LANDS CONVEYED FOR RIGHT OF WAY AS DESCRIBED IN DEED BOOK 430, PAGE 48,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
EXHIBIT "B"
Map of Annexed Area
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ORDINANCE NO. 2019-004
TAX PARCEL ID: 28-22-28-0000-00-019
CASE NO. CPA-2018-007: 3872 OLD WINTER GARDEN ROAD PUD
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER
18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED; AMENDING THE
FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN
TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "LOW
DENSITY RESIDENTIAL" TO "PROFESSIONAL OFFICE AND
SERVICES," FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.25 ACRES LOCATED ON THE SOUTH SIDE OF
OLD WINTER GARDEN ROAD AND 260 FEET EAST OF HEMPEL
AVE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY FUTURE LAND USE MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 18, 1991, the City Commission adopted the City of
Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance#
91-28, which has been amended from time to time (the"Ocoee Comprehensive Plan"); and
WHEREAS, the owner of certain real property (the "Owner") has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to initiate Amendment Number CPA-2018-007 in order to amend the Future Land
Use designation of certain real property containing approximately 1.25 acres, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property"); and
WHEREAS, Amendment Number CPA-2018-007 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
WHEREAS, on January 8, 2019, the Planning and Zoning Commission of the
City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency, held an advertised
public hearing and made no recommendation as to the adoption of Amendment Number CPA-
2018-007; and
WHEREAS, on February 19, 2019 the City Commission held an advertised
public hearing and adopted Amendment Number CPA-2018-007; and
WHEREAS, all required public hearings have been held after due public notice
in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee Land Development
Code").
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and
166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code.
SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is
hereby changed from "Low Density Residential" to "Professional Offices and Services." A map
of said land herein described is attached hereto as Exhibit "B" and by this reference is made a
part hereof.
SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized
and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the
2
Ocoee Comprehensive Plan to incorporate Amendment Number CPA-2018-007 consistent with
the provisions of this Ordinance.
SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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 take effect upon passage and
adoption.
PASSED AND ADOPTED this day of , 2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
(SEAL)
ADVERTISED ,2019
READ FIRST TIME ,2019
FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED
THE CITY OF OCOEE,FLORIDA ,2019
Approved as to form and legality this UNDER AGENDA ITEM NO.
day of ,2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
3
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SW '/4 OF THE NW 1/4 LYING BETWEEN HEMPLE & ARLINGTON
AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET F/K/A
BLOCK 15 OF PARK RIDGE, PLAT BOOK 0, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF BLOCK 15, PARK RIDGE AS RECORDED IN PLAT BOOK 0, PAGE 100,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING IN THE SW '/4 OF THE NW 'A
OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CRNER OF SAD BLOCK 15, SAID POINT BEGING THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF MARKET STREET AND THE
EAST RIGHT-OF-WAY LINE OF HEMPLE AVENUE ACCORDING TO SAID PARK RIDGE;
THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE WEST LINE OF SAID
BLOCK 15 AND SAID EAST RIGHTOOF-WAY LINE; NORTH 00°17'19" WEST FOR A
DISTANCE OF 133.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 69.00 FEET WITH A CHORD BEARING OF
NORTH 52°10'11" EAST AND A DISTANCE OF 126.35 FEET TO A POINT OF TANGENCY
ON THE NORTH LINE OF SAID BLOCK 15 AND THE SOUTH RIGHT OF WAY LINE OF
SAID OLD WINTER GARDEN ROAD ACCORDING TO SAID PARK RIDGE; THENCE RUN
SOUTH 75°22'18" EAST ALONG SAID NORTH LINE AND SAID SOUTH RIGHT-OF-WAY
LINE FOR A DISTANCE OF 151.41 FEET; THENCE DEPARTING SAID NORTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE, RUN SOUTH 14°37'42" WEST A DISTANCE OF 216.00
FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 15 AND THE NORTH RIGHT-OF-
WAY LINE OF AFORESAID MARKET STREET; THENCE RUN NORTH 75°22'18" WEST
ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF
183.66 FVWVf TO THE POINT OFBEFINNING.
ALSO LESS AND EXCEPT:
LANDS CONVEYED FOR RIGHT OF WAY AS DESCRIBED IN DEED BOOK 430, PAGE 48,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
4
EXHIBIT "B"
Location Map
3872 Old Winter Garden Road Annexation and Rezoning
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ORDINANCE NO. 2019-005
(Rezoning Ordinance for 3872 Old Winter Garden Road PUD)
TAX PARCEL ID: 28-22-28-0000-00-019
CASE NO. RZ-18-07-12: 3872 Old Winter Garden Road PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-1.25 ACRES
LOCATED ON THE SOUTH SIDE OF OLD WINTER GARDEN ROAD
AND 260 FEET EAST OF HEMPEL AVE, 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/-1.25 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1 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 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 January 8, 2019, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and did not make a recommendation to the Ocoee City Commission; and
WHEREAS, on February 19, 2019, 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 +/-1.25 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 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 become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2019.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,
READ FIRST TIME ,2019.
READ SECOND TIME AND ADOPTED
,2019.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SW % OF THE NW 1/4 LYING BETWEEN HEMPLE & ARLINGTON
AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET F/K/A
BLOCK 15 OF PARK RIDGE, PLAT BOOK 0, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF BLOCK 15, PARK RIDGE AS RECORDED IN PLAT BOOK 0, PAGE 100,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING IN THE SW % OF THE NW %
OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CRNER OF SAD BLOCK 15, SAID POINT BEGING THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF MARKET STREET AND THE
EAST RIGHT-OF-WAY LINE OF HEMPLE AVENUE ACCORDING TO SAID PARK RIDGE;
THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE WEST LINE OF SAID
BLOCK 15 AND SAID EAST RIGHTOOF-WAY LINE; NORTH 00°17'19" WEST FOR A
DISTANCE OF 133.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 69.00 FEET WITH A CHORD BEARING OF
NORTH 52°10'11" EAST AND A DISTANCE OF 126.35 FEET TO A POINT OF TANGENCY
ON THE NORTH LINE OF SAID BLOCK 15 AND THE SOUTH RIGHT OF WAY LINE OF
SAID OLD WINTER GARDEN ROAD ACCORDING TO SAID PARK RIDGE; THENCE RUN
SOUTH 75°22'18" EAST ALONG SAID NORTH LINE AND SAID SOUTH RIGHT-OF-WAY
LINE FOR A DISTANCE OF 151.41 FEET; THENCE DEPARTING SAID NORTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE, RUN SOUTH 14°37'42" WEST A DISTANCE OF 216.00
FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 15 AND THE NORTH RIGHT-OF-
WAY LINE OF AFORESAID MARKET STREET; THENCE RUN NORTH 75°22'18" WEST
ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF
183.66 FWWT TO THE POINT OFBEFINNING.
ALSO LESS AND EXCEPT:
LANDS CONVEYED FOR RIGHT OF WAY AS DESCRIBED IN DEED BOOK 430, PAGE 48,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
EXHIBIT "B"
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