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Home My WebLink About2022-17 Ocoee Oaks Joint Venture RezoningORDINANCE NO.2022-17 (Rezoning Ordinance for Ocoee Oaks Joint Venture) TAX PARCEL ID: 21-22-28-0000-00-027 DOC # 20220606777 10/06/2022 09:44 AM 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-22-08-43: South Clarke Road — Ocoee Oaks Joint Venture Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM GENERAL AGRICULTURE DISTRICT (A-1) TO SINGLE FAMILY DWELLING DISTRICT (R-IA) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.71 ACRES LOCATED IN THE NORTHEAST CORNER OF THE SOUTH CLARKE ROAD AND WHITE ROAD INTERSECTION, 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 5.71 acres, more particularly described in Exhibit "A" and depicted in Exhibit "B" from A-1 to R-1 A; and WHEREAS, pursuant to Section 5-9(B) of 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 said 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 August 30, 2022, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that said 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 finds that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and 20220606777 Page 2 of 5 WHEREAS, on October 4, 2022, 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 5.71 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from A-1 to R-IA. 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. PASSED AND ADOPTED this day of Gl �i`L , 2022. 20220606777 Page 3 of 5 ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this !�. n? day of e%). , 2022. SHUFFIELD LOWMAN Sr WILSON, P.A. RE APPROVED: CITY OF OCOEE, FLORIDA usty Johnson, ADVERTISED A&mh f' , , 2022 READ FIRST TIME, , 2022. QSECOND IME AND ADOPTED h 2022. NDER AGENDA ITEM NO. rl 20220606777 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND, BEING A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, FOR A POINT OF BEGINNING, SAID POINT ALSO LIES ON THE WEST LINE OF WHITE HILL PHASE ONE, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 00°03'05" EAST, ALONG THE WEST LINE OF SAID PLAT AND THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 627.89 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WHITE ROAD; THENCE DEPARTING SAID WEST AND EAST LINE, RUN SOUTH 89040'56" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 332.95 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN NORTH 00001'33" WEST, ALONG SAID WEST LINE, 627.88 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE RUN NORTH 89°40'50" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID NORTH LINE, RUN NORTH 00003'05" WEST, 151.34 FEET; THENCE RUN NORTH 89056'55" EAST, 262.67 FEET TO A POINT ON THE WEST LINE OF SAID WHITE HILL PHASE ONE; THENCE RUN SOUTH 00003'05" EAST, ALONG SAID WEST LINE, 150.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA, AND CONTAINS 5.706 ACRES, MORE OR LESS. 20220606777 Page 5 of 5 EXHIBIT "B" LOCATION MAP Ocoee• Location i J111 �� :,..■ !' 4iL ► ■ • I r } Ev i i Iffm- KIN . F4 logo El Al son trim ii ■ UN I r