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Home My WebLink About2019-010 Ocoee Village Center PUD - LSCPAIDOC # 2,02005310917 19f1212020 07 29 e I of 16, I (�,t IF ('; 2 50 1De ed 0 Tax 0 00 I oirtga0a Doc Tax, $0.010 Ilntangtle tax. $0.00 Phil DiOtTiond, GompttQHer Orange Courity. FIIL ORDINANCE NO. 2019-010 IRetTo 8CIIN O (Comprehensive Plan Amendment Ordinance for Ocoee Village Center PUD) TAX PARCEL ID: 05-22-28-0000-00-040, 05-22-28-0000-00-046 & 05-22-28-0000-00-004 CASE NO. CPA-2018-006: Ocoee Village Center PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, 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 "HIGH DENSITY RESIDENTIAL AND COMMERCIAL" FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 73.17 ACRES LOCATED ON THE NORTH AND SOUTH SIDES OF CLARCONA OCOEE ROAD, EAST SIDE OF SR 429 EXPRESSWAY, NORTH/SOUTH AND EAST SIDES OF NORTH LAKEWOOD AVENUE, AND AT THE EASTERN TERMINUS OF FULLERS CROSS ROAD AND NORTH LAKEWOOD AVENUE; PROVIDING FOR TRANSMITTAL; AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (City) has adopted the City's Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy Act (the "Act"); and WHEREAS, Part II, Chapter 163, Florida Statutes, sets forth procedures and requirements for a local government to adopt a comprehensive plan and amendments to the comprehensive plan; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency (LPA) conducted a public hearing on April 9, 2019, to consider the proposed amendment to the comprehensive plan; and WHEREAS, following the public hearing, the LPA recommended the proposed amendment to the City's Comprehensive Plan that is set forth herein; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on April 16, 2019, the City Commission conducted a public hearing to consider the transmittal of the 1 20200530917 Page 2 of 6 amendment to the City's Comprehensive Plan and, after consideration of public comments, authorized its transmittal pursuant to Section 163.3184(3), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. Authority. The City Commission of the City of Ocoee 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 3. Amendments to Comprehensive Plan. The City's Comprehensive Plan is hereby amended by approval of a Large Scale Comprehensive Plan amendment to the Future Land Use Map designation for the property described in "Exhibit A" from "Low Density Residential" to "High Density Residential and Commercial." Exhibit A" is attached hereto and by this reference made a part hereof. Section 4. Transmittal; Revision of the Official City Land Use Map, The City Clerk is hereby authorized to transmit the required copies of the amendments to the City's Comprehensive Plan to the parties as required pursuant to Section 163.3184(3)(b), Florida Statutes. Following transmittal the ordinance will be considered for final adoption. Following final adoption, the City Planner is authorized to revise the Official Future Land Use Map of the City of Ocoee in accordance with the provisions of this Ordinance. 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 become effective following adoption and in accordance with the provisions stated in Section 163.3184(3)(c), Florida Statutes. PASSED and APPROVED on this �� y of �t7e- , 2019. [Signatures on Following Page] N 20200530917 Page 3 of 6 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Zi dL Melarjie .Sibbitt,. City Clerk Rusty , ayor (SEAL- ADVERTISED �4#B READ FIRST T 2019. READ5ECOND TIME A D ADOPTED i Lan, It , 2019, UNDER AGENDA ITEM NO. /e FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this �Nday of TL--1467 , 2019. SHUFFIELD, LOWMAN & WILSON, P.A. 20200530917 Page 4 of 6 EXHIBIT "A" Legal Description of Property THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 IN SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION DESCRIBED IN THAT CERTAIN RIGHT-OF-WAY AGREEMENT RECORDED MAY 6, 1971 IN OFFICIAL RECORDS BOOK 2062, PAGE 843, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AND LESS AND EXCEPT THAT PORTION DESCRIBED IN THAT CERTAIN STIPULATED ORDER OF TAKING RECORDED APRIL 17, 1998 IN OFFICIAL RECORDS BOOK 5461, PAGE 2341 AND IN THAT CERTAIN CORRECTED STIPULATED FINAL JUDGMENT RECORDED NOVEMBER 26, 2001 IN OFFICIAL RECORDS BOOK 6397, PAGE 247, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AND LESS AND EXCEPT THAT PORTION DESCRIBED IN THAT CERTAIN STIPULATED ORDER OF TAKING RECORDED JANUARY 16, 2009 IN OFFICIAL RECORDS BOOK 9816, PAGE 8120, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. THE ABOVE DESCRIBED PROPERTY BEING MORE PARTICULARLY DESCRIBED AS THE FOLLOWING THREE PARCELS: PARCEL 4 PARCEL ID NO. 05-22-28-0000-00-004: A PARCEL OF LAND COMPRISING A PORTION OF SECTIONS 5 AND 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF AFORESAID SECTION 5; THENCE RUN SOUTH 00°53'06" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF SAID SECTION 5 FOR A DISTANCE OF 2930.83 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 5; THENCE DEPARTING SAID WEST LINE RUN NORTH 89044'04" EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OCOEE - CLARCONA ROAD; THENCE CONTINUING ALONG SAID SOUTH LINE RUN NORTH 89044'04" EAST FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OCOEE - CLARCONA ROAD PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT-OF-WAY CONTROL SURVEY PROJECT NO. 75320-6450-602/603; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00053'06" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 1111.47 FEET; THENCE RUN NORTH 07*06'16" EAST FOR A DISTANCE OF 265.87 FEET; THENCE RUN NORTH 58053'01" EAST FOR A DISTANCE OF 72.13 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF OCOEE - CLARCONA ROAD PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT-OF-WAY CONTROL SURVEY PROJECT NO. 75320-6460-602/603; THENCE RUN SOUTH 89°10'08" EAST ALONG SAID SOUTHERLY 4 20200530917 Page 5 of 6 RIGHT-OF-WAY LINE FOR A DISTANCE OF 514.27 FEET; THENCE RUN NORTH 00"49'52" EAST FOR A DISTANCE OF 20.00 FEET; THENCE RUN SOUTH 89010'08" EAST FOR A DISTANCE OF 660.17 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF AFORESAID SECTION 5; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE RUN SOUTH 00017'43" WEST ALONG SAID EAST LINE FOR A DISTANCE OF 1409.65 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 5, ALSO BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF AFORESAID SECTION 8; THENCE DEPARTING SAID EAST LINE OF RUN SOUTH 00034'54" EAST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 8 FOR A DISTANCE OF 231.78 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 231 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF AFORESAID SECTION 8; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89044'04" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 1286.39 FEET TO A POINT ON AFORESAID EASTERLY RIGHT-OF-WAY LINE OF OCOEE - CLARCONA ROAD; THENCE RUN NORTH 00011'35" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 231.77 FEET TO AFORESAID POINT OF BEGINNING. PARCEL 40 PARCEL ID NO. 05-22-28-0000-00-040: A PARCEL OF LAND COMPRISING A PORTION OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF AFORESAID SECTION 5; THENCE RUN SOUTH 88007'15" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 5 FOR A DISTANCE OF 1252.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE RUN SOUTH 88007'15" EAST FOR A DISTANCE OF 122.87 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SOUTHWEST 1/4 OF SECTION 5; THENCE DEPARTING SAID NORTH LINE RUN SOUTH 00017'43" WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 FOR A DISTANCE OF 1351.26 FEET TO A POINT ON THE NORTHERLY LINE OF RIGHT- OF-WAY TAKING, PARCEL NO. 1044, PER OFFICIAL RECORDS BOOK 9816, PAGE 8120 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE DEPARTING SAID EAST LINE RUN NORTH 89013'22" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 154.59 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1262.21 FEET, A CHORD BEARING OF NORTH 69030'11" WEST AND A CHORD LENGTH OF 851.79 FEET; THENCE RUN NORTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 39026'23" FOR AN ARC DISTANCE OF 868.85 FEET; THENCE RUN NORTH 49049'55" WEST FOR A DISTANCE OF 151.44 FEET; THENCE RUN NORTH 36019'17" WEST FOR A DISTANCE OF 51.42 FEET; THENCE RUN NORTH 49049'02" WEST FOR A DISTANCE OF 184.99 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF COUNTY ROAD 429, WESTERN BELTWAY, A LIMITED ACCESS RIGHT-OF- WAY, PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT-OF-WAY CONTROL SURVEY PROJECT NO. 75320-5460-602/603; THENCE DEPARTING AFORESAID NORTHERLY RIGHT-OF-WAY LINE RUN NORTH 54040'57" EAST ALONG SAID SOUTHERLY 5 20200530917 Page 6 of 6 RIGHT-OF-WAY LINE FOR A DISTANCE OF 1377.66 FEET TO AFORESAID POINT OF BEGINNING. PARCEL 46 PARCEL ID NO. 05-22-28-0000-00-046: A PARCEL OF LAND COMPRISING A PORTION OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF AFORESAID SECTION 5; THENCE RUN SOUTH 00053'06" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF SAID SECTION 5 FOR A DISTANCE OF 1465.41 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF AFORESAID SECTION 5; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89°10'08" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 5 FOR A DISTANCE OF 145.12 FEET; THENCE DEPARTING SAID NORTH LINE RUN NORTH 00049'52" EAST FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OCOEE - CLARCONA ROAD PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT-OF-WAY CONTROL SURVEY PROJECT NO. 75320-6460-602/603, ALSO BEING THE POINT OF BEGINNING; THENCE RUN NORTH 71"13'20" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 20.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WEST ROAD, A LIMITED ACCESS RIGHT-OF-WAY, PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT-OF-WAY CONTROL SURVEY PROJECT NO. 75320- 6460-602/603; THENCE RUN NORTH 07°06'16" EAST ALONG SAID EASTERLY RIGHT-OF- WAY LINE FOR A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 776.19 FEET, A CHORD BEARING OF NORTH 00025'09" EAST AND A CHORD LENGTH OF 180.72 FEET; THENCE RUN NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 13022'14" FOR AN ARC DISTANCE OF 181.13 FEET TO A POINT OF TANGENCY, THENCE RUN NORTH 06015'58" WEST FOR A DISTANCE OF 131.33 FEET; THENCE RUN NORTH 19042'11" WEST FOR A DISTANCE OF 25.32 FEET TO A POINT ON THE SOUTHERLY LINE OF RIGHT-OF-WAY TAKING, PARCEL NO. 1044 PER OFFICIAL RECORDS BOOK 9816, PAGE 8120 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE RUN SOUTH 49049'02" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 265.92 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1385.18 FEET, A CHORD BEARING OF SOUTH 56021,45" EAST AND A CHORD LENGTH OF 316.40 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 13006'58" FOR AN ARC DISTANCE OF 317.09 FEET; THENCE RUN SOUTH 00°49'52" WEST FOR A DISTANCE OF 60.70 FEET TO A POINT ON AFORESAID NORTHERLY RIGHT-OF- WAY LINE OF OCOEE - CLARCONA ROAD PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT-OF-WAY CONTROL SURVEY PROJECT NO. 75320-6460-602/603; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE RUN NORTH 89010'081' WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 432.12 FEET TO AFORESAID POINT OF BEGINNING.