HomeMy WebLinkAbout2022-20 Isaak Malka Property - 2199 West Road - RezoningORDINANCE NO.2022-20
(Rezoning Ordinance for 2199 West Rd
— Isaak Malka Property)
TAX PARCEL ID: 05-22-28-0000-00-029
DOC # 20220639955
10/20/2022 12:15 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-22-04-37: 2199 West Rd — Isaak Malka Property Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1
(CITRUS RURAL DISTRICT) TO CITY OF OCOEE PUD (PLANNED
UNIT DEVELOPMENT DISTRICT) ON CERTAIN REAL PROPERTIES
CONTAINING APPROXIMATELY 5.08 ACRES LOCATED SOUTH AND
WEST OF DESERT CANDLE DRIVE, EAST OF THE WEST ORANGE
TRAIL AND NORTH OF THE WEST ROAD UNIMPROVED RIGHT-OF-
WAY APPROXIMATELY 200 FEET NORTH OF SR 429; 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 properties 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 properties containing
approximately 5.08 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Orange County A-1 to City of Ocoee PUD; 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 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 July 12, 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 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
20220639955 Page 2 of 5
find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive
Plan; and
WHEREAS, on October 18, 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 Properties described in Exhibit "A" containing approximately 5.08 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 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 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 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.
20220639955 Page 3 of 5
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this Ir day of A6& ✓ , 2022.
APPROVED:
CITY OF OCOEE, FLORIDA
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UNDER AGENDA ITEM NO. T
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this J) day of 00--j' , 2022.
SHUFFIELD LOW N & WILSON, P.A.
By: �T...,
20220639955 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 05-22-28-0000-00-029
BEGINNING AT A POINT 30 FEET NORTH OF THE SOUTHWEST CORNER OF THE
WEST ONE HALF OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 5,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, PROCEED NORTH 89016'00" EAST 400 FEET,
THENCE NORTH 550 FEET, THENCE WESTERLY 400 FEET, THENCE SOUTHERLY 558
FEET ALONG THE WEST LINE TO THE POINT OF BEGINNING AND LYIING AND
BEING IN ORANGE COUNTY, FLORIDA.
20220639955 Page 5 of 5
West Read
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EXHIBIT "B"
Isaak Malka Property
Location Map
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