HomeMy WebLinkAbout2019-011 Ocoee Village Center PUD - RezoningDOC # 20200530918
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ORDINANCE NO. 2019-011 Phil Diamond, Comptroller
Rezonin Ordinance or coee a a ener Orange County, FL
g fOVillCtPUD g ) Ret To: CSC INC
TAX PARCEL ID: 05-22-28-0000-00-040, 05-22-28-0000-00-046 & 05-22-28-0000-00-004
CASE NO. RZ-18-06-09: Ocoee Village Center PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R-1A TO OCOEE PUD
(PLANNED UNIT DEVELOPMENT) ON 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, NORTHISOUTH AND EAST SIDES
OF NORTH LAKEWOOD AVENUE, AND AT THE EASTERN
TERMINUS OF FULLERS CROSS ROAD AND NORTH LAKEWOOD
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 +/-73.17 acres, more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof, from Ocoee R-1A 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
20200530918 Page 2 of 7
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'1��� /�' , 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 +/-73.17
acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed
from Ocoee R-1A 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.
20200530918 Page 3 of 7
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten
(10) days after its passage and adoption.
PASSED AND ADOPTED this
_L_!!da of , 2019.
ATTEST: APPROVED:
ITY OF OCOEE, FLORIDA
Melanie Sib itt, City ClerkRusty Joh yor
(SEAL)
ADVERTISED ,
READ FIRST TIME , 2419.
READ S JECOND TIMr= AND ADOPTED
/f , 2019.
Under Agenda Item No. i—
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this J%� day of ,1c�jA , 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
am
20200530918 Page 4 of 7
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 114 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 89010'08" EAST
ALONG SAID SOUTHERLY
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RIGHT-OF-WAY LINE FOR A DISTANCE OF 514.27 FEET; THENCE RUN NORTH 00049'52"
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 00°11'35" 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
20200530918 Page 6 of 7
SAID SOUTHERLY 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 00°53'06" 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 89010'08"
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 71013'20" 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 19°42'11" 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 0004952" 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 89010'08" WEST
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 432.12 FEET TO
AFORESAID POINT OF BEGINNING
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EXHIBIT "B"
Location Map