2021-064 Commerce 429 PUD - Small Scale CPAORDINANCE NO. 2021-064
(Small -Scale CPA -- Commerce 429 PUD)
DOC # 20210753916
12/09/2021 13:32 PM Page 1 of 6
Rec Fee: $52.50
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. CPA-2021-001: COMMERCE 429 PUD SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991,
AS AMENDED, TO CHANGE THE ADOPTED FUTURE LAND USE MAP
DESIGNATION FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 39.96 ACRES LOCATED ON THE WEST SIDE OF
OCOEE APOPKA. ROAD, EAST OF SR 429 AND 2,900 FEET SOUTH OF
FULLERS CROSS ROAD FROM LOW DENSITY RESIDENTIAL (LDR)
TO LIGHT INDUSTRIAL (LI); AUTHORIZING THE REVISION OF THE
CITY COMPREHENSIVE PLAN; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission")
has adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No.
91-28 on September 18, 1991 pursuant to Chapter 163, Part 11, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Chapter 163, Part 11, Florida Statutes, sets forth procedures and requirements
for a local govermlient to adopt a comprehensive plan and amendments thereto; and
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, assigned tax parcel identification number 31-22-28-
0000-00-005, more particularly described in Exhibit "A" and depicted in Exhibit "B", has
submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future
Land Use designation (the "Comprehensive Plan Amendment") of said real property from Low
Density Residential to Light Industrial; and
WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of
the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive
Plan Amendment application and determined that said Comprehensive Plan Amendment is
consistent with the Ocoee Comprehensive Plan, as amended from time to time; and
WHEREAS, pursuant to Section 163,3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday,
July 13, 2021, to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
20210753916 Page 2 of 6
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, December
7, 2021, the Ocoee City Commission held a de novo advertised public hearing with respect to the
proposed Comprehensive Plan Amendment and determined, after consideration of public
continents, that the proposed Comprehensive Plan Amendment is consistent with the Ocoee
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY, The City Conunission of the City of Ocoee 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 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use
Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to
change the fiiture land use designation of the Subject Property, as particularly described in Exhibit
"A" and depicted in Exhibit "B", from Low Density Residential (LDR) to Light Industrial (LI),
SECTION 4. COMPREHENSIVE PLAN. The City Clerk is hereby authorized and
directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate
the Comprehensive Plan Amendment enacted by this Ordinance.
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 thirty-one
(31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5),
Florida Statutes.
PASSED AND ADOPTED this day of 2021.
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20210753916 Page 3 of 6
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Joluis n, ayor
ADVERTISED_, 2021
READ FIRST TIME , 2021.
READ SECOND TIME AND ADOPTED
1/' 7 , 2021.
rJNDER AGENDA ITEM NO.
FOR USE AND RE,ELIANCE .ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of - , 2021.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
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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 (1/4) OF SECTION 7, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA:
ALSO:
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
(1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE
SOUTHWEST QUARTER (114) 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 (114) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST
QUARTER (114); 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 (1/2) 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 (114) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST
QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY;
FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (112) OF THE NORTHEAST
QUARTER (1/4) OF THE SOUTHWEST QUARTER (114), 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.
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:
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COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (114) 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. 75320-6460-6021603 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 (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION
7, FOR 610.07 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER (1/4) OF THE
SOUTHWEST QUARTER (1/4) 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.
7,13y1sj
THE WEST 2 ACRES OF THE SOUTH 112 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 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,
AND
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 39.966 ACRES, MORE OR LESS.
20210753916 Page 6 of 6
Exhibit "B"
Commerce 429 PU D
Location Map
i
EL