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Home My WebLink About2021-065 Commerce 429 PUD - RezoningORDINANCE NO.2021.-065 (Rezoning for Commerce 429 PUD) DOC # 20210753917 12/09/2021 13:32 PM Page 1 of 7 Rec Fee: $61.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC TAX PARCEL ID: 07-22-28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024 and 07-22-28-0000-00-066 CASE NO. RZ-21-02-01: COMMERCE 429 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 39.96 ACIZES LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD, EAST OF SR 429 AND 2,900 FEET SOUTH OF FULLERS CROSS 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 (tile "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 +/- 39.96 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" A- I to "City of Ocoee" PUD; 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 July 13, 2021, 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 Conprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City 20210753917 Page 2 of 7 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 December 7, 2021, 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 20 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. LAND USE PLAN. The following Land Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon: That certain PUD Land Use Plan/Preliminary Subdivision Plan for Commerce 429 PUD, project no. RZ-21-02-01: and stamped as received by the City of Ocoee on November 30, 2021, with such additional revisions thereto, if any, as may be reflected in the minutes of the City Conunissioin of the City of Ocoee meeting approving the same. The above -described Land Use Plan is attached hereto as Exhibit "C" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Comprehensive Plan. SECTION 5. 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 -2- 20210753917 Page 3 of 7 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 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 S. EFFECTIVE DATE, This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of i e , 2021. ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this )�!t day of , 2021. SHUFFIELD LOWM^& WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA Rusty Jolu s n Mayor ADVERTISED 2021 READ FIRST TIME / , 2021. READ SECOND TIME AND ADOPTED �✓A®a,-�fJ:rr �% , 2021, DER AGENDA fTEM NO. 4— -3- 20210753917 Page 4 of 7 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (114) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: ►_116*1*1 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 88 DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER (114) OF THE NORTHWEST QUARTER (114) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) 31.00 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 00 SECONDS WEST 336.42 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE NORTH 88 DEGREES 03 MINUTES 00 SECONDS EAST 40.00 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE SOUTH 1 DEGREE 18 MINUTES 40 SECONDS WEST 336, 93 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH HALF (112) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (114) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4), LESS THE WEST 2 ACRES THEREOF, SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. SUBJECT TO RIGHT OF WAY FOR OCOEE-APOPKA ROAD (AKA STATE ROAD NO. 437) ALONG THE EAST SIDE OF THE PROPERTY. J0060 X -3 A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1053, AND THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING AND BEING IN THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ME 20210753917 Page 5 of 7 COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID POINT BEING A 6 INCH BY 6 INCH CONCRETE MONUMENT; THENCE SOUTH 00 DEGREES 18 MINUTES 20 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7 FOR 1321.69 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG THE NORTH LINE FOR 624.53 FEET TO THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY, STATE ROAD NO, 429, ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY PROJECT NO. 75320-6460-602/603 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 10.00 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF- WAY LINE FOR 520.02 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 290.85 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 1273.05 FEET TO THE EASTERLY LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1052; THENCE SOUTH 19 DEGREES 52 MINUTES 25 SECONDS EAST ALONG SAID EASTERLY LINE FOR 21.38 FEET; THENCE SOUTH 42 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY LINE FOR 135.00 FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 50 SECONDS EAST ALONG SAID EASTERLY LINE FOR 203.00 FEET; THENCE SOUTH 12 DEGREES 16 MINUTES 38 SECONDS EAST ALONG SAID EASTERLY LINE FOR 172.00 FEET; THENCE SOUTH 16 DEGREES 26 MINUTES 18 SECONDS WEST ALONG SAID EASTERLY LINE FOR 137. 99 FEET; THENCE SOUTH 06 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID EASTERLY LINE FOR 220.00 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID EASTERLY LINE FOR 395.00 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 08 SECONDS EAST ALONG SAID EASTERLY LINE FOR 43.00 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EASTERLY LINE, ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER (114) OF THE SOUTHWEST QUARTER (114) OF SAID SECTION 7, FOR 610.07 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (114) OF SAID SECTION 7; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE FOR 626.00 FEET TO THE EAST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE FOR 328.65 FEET, THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505 FOR 34.27 FEET TO THE AFORESAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 328.32 FEET TO THE POINT OF BEGINNING. PARCEL C: THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 114 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET THEREOF, ORANGE COUNTY, FLORIDA. I_1►1v THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET OF THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCELS CONTAIN A TOTAL OF 39.965 ACRES, MORE OR LESS. -5- 20210753917 Page 6 of 7 EXHIBIT "B" Commerce .429 PU D Location flap LL] Q ate+ fCS U) 4-4 CD N .F. 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