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Home My WebLink About2023-11 Siri Office Building - Market St./Arlington Ave. ROW - RezoningORDINANCE NO.2023-11 (Rezoning Ordinance for Siri Office Building — Market St/Arlington Ave Vacated ROW) TAX PARCEL ID: 28-22-28-0000-00-019 DOC # 20230281417 05/17/2023 15:40 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC CASE NO. RZ-23-03-03: Siri Office Building — Market St/Arlington Ave Vacated ROW Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ASSIGNING THE ZONING CLASSIFICATION OF CITY OF OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.372 ACRES OF VACATED PUBLIC RIGHT-OF- WAY, 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; AND 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 requests the City to assign certain real property containing approximately 0.372 acres of vacated public right-of-way, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, a City of Ocoee PUD zoning classification, more specifically the Siri Office Building PUD; and WHEREAS, pursuant to Section 5-9(B), Article V of the Land Development Code 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 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 review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"), acting as the Local Planning Agency; and WHEREAS, on April 11, 2023, 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 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 the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and 20230281417 Page 2 of 5 WHEREAS, on May 16, 2023, 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 0.372 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County right-of-way to City of Ocoee PUD. 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 Ocoee City Commission hereby finds the Rezoning of the land 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 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. 20230281417 Page 3 of 5 PASSED AND ADOPTED this _/� aay of KAV , 2023. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, a H (SEAL) ADVERTISED , 2023 READ FIRST TIME p , 2023. READ SECOND TIME A ADOPTED /4Q ,2023. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of �/1 , 2023. SHUFFIELD LOWMAN & WILSON, P.A. IN 20230281417 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF MARKET STREET AND ARLINGTON AVENUE, PARK RIDGE, AS RECORDED IN PLAT BOOK 0, PAGE 100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF BLOCK 15 OF SAID PARK RIDGE, SAID POINT BEING 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 S75023'21"E ALONG THE SOUTH LINE OF SAID BLOCK 15, 184.07 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT 27, SAID BLOCK 15, FOR THE POINT OF BEGINNNING; THENCE CONTINUE S75023'21"e ALONG THE SOUTH LINE OF SAID BLOCK 15, 261.33 FEET TO A CURVE CONCAVE TO THE NORTHWEST; THEN RUN NORTHEASTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 104022'16", A RADIUS OF 16.00 FEET, AN ARC LENGTH OF 29.15 FEET, A CHORD BEARING OF N51 °58'48"E AND A CHORD DISTANCE OF 25.28 FEET; THENCE RUN N00105'39"W ALONG THE EAST LINE OF SAID BLOCK 15, 199.53 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY LINE OF OLD WINTER GARDEN ROAD, A VARIABLE WIDTH RIGHT OF WAY; THENCE RUN S75122'18"E ALONG THE SOUTH RIGHT OF WAY LINE OF OLD WINTER GARDEN ROAD, 31.02 FEET MORE OR LESS TO THE EAST RIGHT OF WAY LINE OF AFORESAID ARLINGTON AVENUE, ALSO BEING THE NORTHERLY EXTENSION OF THE WEST LINE OF TRACT B, FALCON POINTE, AS RECORDED IN PLAT BOOK 39, PAGES 98- 99, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S00105'39"E ASLONG SAID NORTHERLY EXTENSION AND THE WEST LINE OF TRACT B, 251.31 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID TRACT B; THENCE RUN N75023'21"W ALONG THE NORTHERLY LINE OF SAID FALCON POINTE, 320.84 FEET TO A POINT 30.00 FEET SOUTH OF THE AFORESAID SOUTHWEST CORNER OF LOT 27, WHEN MEASURED PERPENDICULAR TO THE AFORESAID SOUTH LINE OF BLOCK 15; THENCE RUN N14036'39"E, 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.372 ACRES MORE OR LESS. 20230281417 Page 5 of 5 EXHIBIT "B" LOCATION MAP Sid Office Building - Market St/Arlington Ave Vacated ROW Annexation/Rezoning to PUD Location Map w 41 �N