The URL can be used to link to this page

Home My WebLink About2019-014 CLRM PUD - RezoningDOC # 20190708553 11/11/2019 14:52 PM Page 1 of 6 Rec Fee: $52.50 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 ORDINANCE NO. 2019-014 Intangible Tax: $0.00 (Rezoning Ordinance for CLRM PUD) Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC TAX PARCEL ID: 33-21-28-0000-00-007, 33-21-28-0000-00-020 & 34-21-28-0000-00-022 CASE NO. RZ-18-09-15: CLRM PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM "ORANGE COUNTY" A-1 TO "CITY OF OCOEE" PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-193.22 ACRES LOCATED ON THE SOUTH SIDE OF EAST AND WEST MCCORMICK ROAD, AND ON THE WEST SIDE OF NORTH APOPKA VINELAND 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 (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 +/-193.22 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 April 9, 2019, 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 20190708553 Page 2 of 6 WHEREAS, on November 5, 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 +/-193.22 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. [Signatures on Following Page] 2 20190708553 Page 3 of 6 PASSED AND ADOPTED thiso day of , 2019. ATTEST: �aZI, Z Melanie.,S' .. i •" r;r nFy. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 'ST'4' day of jjw, , , 2019. SHUFFIELD LOWMAN "ILSON, P.A. 3 APPROVED: CITY OF OCOEE, FLORIDA Rusty Johns or ADVERTISED , 2019 READ FIRST TIME Ad6/ /Co , 2019. READ SECOND TIME AND ADOPTED %%W'lzb42 � -12019. Under Agenda Item No. /7 20190708553 Page 4 of 6 EXHIBIT "A" Legal Description of Property 7_l Zeww BEGIN AT THE SE CORNER OF THE NE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN NORTH 253.35 FEET, WEST 11 CHAINS (726 FEET), THENCE SOUTH 253.35 FEET, THENCE EAST 11 CHAINS (726 FEET) TO THE POINT OF BEGINNING. PARCEL 2: THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS ROAD ON NORTH. PARCEL 3: THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, (LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS RAILROAD RIGHT-OF-WAY. LESS & EXCEPT: A PORTION OF PARCEL 3 A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF THE NE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 33, RUN NORTH 89017'29" WEST, A DISTANCE OF 725.86 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH SECTION LINE NORTH 89°17'29" WEST, A DISTANCE OF 603.63 FEET TO A POINT ON THE WEST LINE OF SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 33; THENCE ALONG SAID WEST SECTION LINE, RUN SOUTH 00011'06" WEST, A DISTANCE OF 1,400.31 FEET; THENCE DEPARTING WEST SECTION LINE, RUN SOUTH 89039'36" EAST, A DISTANCE OF 246.28 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,304.74 FEET, A CENTRAL ANGLE OF 17002'08" AND A CHORD DISTANCE OF 386.51 FEET WHICH BEARS NORTH 67017'34" EAST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 387.93 FEET TO A POINT OF NON TANGENCY; THENCE NORTH 00°14'35" EAST, A DISTANCE OF 1,245.11 FEET TO THE POINT OF BEGINNING. CONTAINING 812,433 SQUARE FEET OR 18.651 ACRES, MORE OR LESS. 2 20190708553 Page 5 of 6 PARCEL 4: THE N 1/2 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, (LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS RAILROAD RIGHT-OF-WAY. PARCEL 5: BEGIN AT THE NW CORNER OF THE SE 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN EAST 534.85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE CLARCONA-APOPKA ROAD (STATE ROAD S-435), THENCE SOUTH 5° EAST ALONG SAID RIGHT OF WAY LINE 778.85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD, THENCE SOUTHWESTERLY ALONG SAID RAILROAD RIGHT OF WAY LINE TO THE WEST LINE OF NW 1/4 OF SE 1/4, THENCE NORTH TO THE POINT OF BEGINNING; LESS PARCELS A, B & C DESCRIBED BELOW: A) FROM THE NW CORNER OF THE SE 1/4 OF SEC. 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN EAST 534.85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE CLARCONA-APOPKA ROAD, THENCE SOUTH 50 EAST ALONG SAID ROAD RIGHT OF WAY LINE 778.85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD FOR THE POINT OF BEGINNING; RUN THENCE NORTH 5° WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF THE CLARCONA-APOPKA ROAD A DISTANCE OF 138 FEET, THENCE WEST 120 FEET, THENCE SOUTH 5° EAST TO SAID RAILROAD RIGHT OF WAY LINE, THENCE NORTHEASTERLY ALONG THE RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING; B) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 3921, PAGE 115; C) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 4934, PAGE 4821. PARCEL 6: BEGINNING AT THE SW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN EAST 1850 FEET MORE OR LESS TO THE WEST SIDE OF THE ROAD CONNECTING CLARCONA WITH APOPKA; THENCE NORTHERLY ALONG THE WEST SIDE OF SAID ROAD 885 FEET MORE OR LESS, TO THE SOUTH LINE OF LANDS NOW OR FORMERLY BELONGING TO ONE "CUMBIE" OR "CUMBER"; THENCE WEST 1000 FEET; THENCE NORTH 435 FEET, MORE OR LESS TO THE NORTH LINE OF THE SAID SE 1/4 OF THE NW 1/4 OF SAID SECTION 34, THENCE WEST 840 FEET MORE OR LESS TO THE NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34; THENCE SOUTH 1320 FEET MORE OR LESS TO THE POINT OF BEGINNING, LESS ROAD ON NORTH. 5 20190708553 Page 6 of 6 EXHIBIT "B" Location Map CLRM PWD Location Neap i W Mcmrmbk Road v. t�