HomeMy WebLinkAbout2019-005 3872 Old Winter Garden Road PUD - RezoningDOC # 20190114969
02/25/2019 12:00 PM Page 1 of 5
Rec Fee: $44.00
Deed Doc Tax: $0.00
Mortgage Doc Tax: $0.00
ORDINANCE NO. 2019-005 Intangible Tax: $0.00
Phil Diamond, Comptroller
(Rezoning Ordinance for 3872 Old Winter Garden Road PUD) orange County, FL
Ret To: CSC INC
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 AVENUE, 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
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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 V111 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.
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PASSED AND ADOPTED this 'day of e � , 2019.
ATTEST:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this 19* day of f, 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
IN
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Sohnso , a r
ADVERTISED r,�hlwalrtllY ,
READ FIRST TIME ' , 2019.
READ SECOND TIME ANY ADOPTED
iy-kary 0 2019.
Under Agenda Item No.
20190114969 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SW Y4 OF THE NW % LYING BETWEEN HEMPLE & ARLINGTON
AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET FIK/A
BLOCK 15 OF PARK RIDGE, PLAT BOOK O, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF BLOCK 15, PARK RIDGE AS RECORDED IN PLAT BOOK O, 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 00017'19" 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 52010'11" 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 75022'18" 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.
20190114969 Page 5 of 5
EXHIBIT "B"
Location Map
3872 Old Winter Garden Road Annexation and Rezoning
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