2019-004 3872 Old Winter Garden Road PUD - SSCPAORDINANCE NO. 2019-004
DOC # 20190114968
02/25/2019 12:00 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. CPA -2018-007:3872 OLD WINTER GARDEN ROAD PUD
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER
18, 1991 BY ORDINANCE NO. 91-28, 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 "PROFESSIONAL OFFICE AND
SERVICES," FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.25 ACRES LOCATED ON THE SOUTH SIDE OF
OLD WINTER GARDEN ROAD AND 260 FEET EAST OF HEMPEL
AVENUE; PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY FUTURE LAND USE MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, On September 18, 1991, the City Commission adopted the City of
Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance #
91-28, which has been amended from time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, the owner of certain real property (the "Owner") has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to initiate Amendment Number CPA -2018-007 in order to amend the Future Land
Use designation of certain real property containing approximately 1.25 acres, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property"); and
WHEREAS, Amendment Number CPA -2018-007 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
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WHEREAS, on January 8, 2019, the Planning and Zoning Commission of the
City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency, held an advertised
public hearing and made no recommendation as to the adoption of Amendment Number CPA -
2018 -007; and
WHEREAS, on February 19, 2019 the City Commission held an advertised
public hearing and adopted Amendment Number CPA -2018-007; and
WHEREAS, all required public hearings have been held after due public notice
in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article 1, of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee Land Development
Code").
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article V111 of the Constitution of the State of Florida, Chapters 163 and
166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code.
SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is
hereby changed from "Low Density Residential" to "Professional Offices and Services." A map
of said land herein described is attached hereto as Exhibit "B" and by this reference is made a
part hereof.
SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized
and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the
2
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Ocoee Comprehensive Plan to incorporate Amendment Number CPA -2018-007 consistent with
the provisions of this Ordinance.
SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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 take effect upon passage and
adoption.
PASSED AND ADOPTED this ray of , 2019.
- APPROVED:
TY Of COEE, FLORIDA
�Ielanreibb7.k� Rusty John on or
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this RA
day of �� _ , 2019.
SHUFFIELD LOWM-4=� & ILSON, P.A.
By:, . X,
3
ADVERTISED 'r �2019
E
READ FIRST TIM , 2019
READ SECOND TIME AND DOPTED
/ 1 _ 2019
UNDEWALGENDA ITEM NO.
20190114968 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SW % OF THE NW % LYING BETWEEN HEMPLE & ARLINGTON
AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET F/K/A
BLOCK 15 OF PARK RIDGE, PLAT BOOK O, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LESS AND EXCEPT:
A PORTION OF BLOCK 15, PARK RIDGE AS RECORDED IN PLAT BOOK O, PAGE 100,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING IN THE SW % OF THE NW %
OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CRNER OF SAD BLOCK 15, SAID POINT BEGING 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 THE FOLLOWING TWO (2) COURSES ALONG THE WEST LINE OF SAID
BLOCK 15 AND SAID EAST RIGHTOOF-WAY LINE; NORTH 00°17'19" WEST FOR A
DISTANCE OF 133.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 69.00 FEET WITH A CHORD BEARING OF
NORTH 52°10'11" EAST AND A DISTANCE OF 126.35 FEET TO A POINT OF TANGENCY
ON THE NORTH LINE OF SAID BLOCK 15 AND THE SOUTH RIGHT OF WAY LINE OF
SAID OLD WINTER GARDEN ROAD ACCORDING TO SAID PARK RIDGE; THENCE RUN
SOUTH 75022'18" EAST ALONG SAID NORTH LINE AND SAID SOUTH RIGHT-OF-WAY
LINE FOR A DISTANCE OF 151.41 FEET; THENCE DEPARTING SAID NORTH LINE AND
SAID SOUTH RIGHT-OF-WAY LINE, RUN SOUTH 14037'42" WEST A DISTANCE OF 216.00
FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 15 AND THE NORTH RIGHT-OF-
WAY LINE OF AFORESAID MARKET STREET; THENCE. RUN NORTH 75°22'18" WEST
ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF
183.66 FWWT TO THE POINT OFBEFINNING.
ALSO LESS AND EXCEPT:
LANDS CONVEYED FOR RIGHT OF WAY AS DESCRIBED IN DEED BOOK 430, PAGE 48,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
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EXHIBIT "B"
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