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2019-005 3872 Old Winter Garden Road PUD - RezoningDOC # 20190114969 02/25/2019 12:00 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 ORDINANCE NO. 2019-005 Intangible Tax: $0.00 Phil Diamond, Comptroller (Rezoning Ordinance for 3872 Old Winter Garden Road PUD) orange County, FL Ret To: CSC INC TAX PARCEL ID: 28-22-28-0000-00-019 CASE NO. RZ-18-07-12: 3872 Old Winter Garden Road 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 +/-1.25 ACRES LOCATED ON THE SOUTH SIDE OF OLD WINTER GARDEN ROAD AND 260 FEET EAST OF HEMPEL 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 +/-1.25 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 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 January 8, 2019, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and did not make a recommendation to the Ocoee City Commission; and 20190114969 Page 2 of 5 WHEREAS, on February 19, 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 V111 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 +/-1.25 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. 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. 20190114969 Page 3 of 5 PASSED AND ADOPTED this 'day of e � , 2019. ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 19* day of f, 2019. SHUFFIELD LOWMAN & WILSON, P.A. IN APPROVED: CITY OF OCOEE, FLORIDA Rusty Sohnso , a r ADVERTISED r,�hlwalrtllY , READ FIRST TIME ' , 2019. READ SECOND TIME ANY ADOPTED iy-kary 0 2019. Under Agenda Item No. 20190114969 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE SW Y4 OF THE NW % LYING BETWEEN HEMPLE & ARLINGTON AVENUES AND BETWEEN OLD WINTER GARDEN ROAD AND MARKET STREET FIK/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 00017'19" 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 52010'11" 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 14°37'42" 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. 20190114969 Page 5 of 5 EXHIBIT "B" Location Map 3872 Old Winter Garden Road Annexation and Rezoning of 1 10 ',ta n