HomeMy WebLinkAboutItem 10 First Reading of Ordinance for The Backyard Annexation & Rezoning from County A-1 to City C-2 - AX-07-28-06 & RZ-23-07-06Meeting Date: October 3, 2023
Item #: 10
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: First Reading of Ordinance for The Backyard Annexation & Rezoning from County A-
I to City C-2 - AX-07-28-06 & RZ-23-07-06. (Zoning Manager Whitfield)
Background Summary: Owner/Applicant: The property is owned by the Carolyn Hovey Werst Revocable
Trust, represented by Jenny Lynn Childs, Successor Trustee. The applicant is Joshua Halperin, representing
The Backyard.
Site Location: The property is located in Commission District 1 on the south side of West Road, beginning
approximately 50 feet east of Fountains West Boulevard, immediately east of the Duke Energy facility.
Propertv Size & Parcel Identification Number: The property contains approximately 1.77 acres and is assigned
parcel ID number 06-22-28-0000-00-035.
Existinq Site Conditions: The table below summarizes the existing site conditions of the property.
Current Future Land Use Current Zoning Existing Land Use Unique
Map (FLUM) Designation District Features/Overlay
Districts
Commercial (per JPA) County A-1 Single family None
residential dwelling
The table below lists the jurisdictions, future land use designations, zoning districts and existing uses of the
surrounding properties.
Direction Jurisdiction Future Land Use Zoning Existing Land Uses
Designation
North City of Ocoee Commercial PUD-COMM Restaurant
South City of Ocoee Low Density R-1A West Orange Trail & Vacant
Residential Land
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (07) 905-3100 - www.ocoee.org
Page 181 of 253
East Orange Rural A-1 Single -Family Residential
County
West Orange Rural A-1 Duke Energy Facility
County
Proposed Development: The proposed rezoning would apply a conventional C-2 zoning classification to the
property. The C-2 zoning district permits a variety of commercial uses by right, including office, retail,
restaurant, movie theater, convenience stores/gas stations, furniture and appliance stores, indoor recreational
commercial facilities, etc.. A Land Use Plan (LUP) is not required for a conventional rezoning, but the
applicant seeks to develop an indoor/outdoor restaurant offering food and drinks via a small brick -and -mortar
building and food trucks along with indoor and outdoor seating and "backyard type" recreation activities and
games.
Consistencv with Florida Statutes: With respect to the proposed annexation, Section 171.044, Florida Statutes
(F.S.), grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does
not create an enclave. The subject property is bordered on the north and south by the City's jurisdictional limits and,
as such, is contiguous to the City, and the annexation does not create an enclave. Instead, the annexation furthers
the City's efforts to reduce existing enclaves within the city limits.
Consistencv with JPA Agreement: The property is located within the Ocoee -Orange County Joint Planning
Area (JPA), and the proposed annexation and zoning classification are consistent with the terms of the JPA
Agreement.
Consistencv with Adopted Comprehensive Plan: The annexation is consistent with Future Land Use Element
(FLUE) Policy 2.5, which requires the City to consider requests for voluntary annexation when those lands are
logical extensions of the existing City limits, when services can be properly provided and when proposed uses
are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy. The
proposed C-2 zoning classification is consistent with FLUE Policy 1.15, which stipulates that the City may
assign an initial zoning after annexation in a manner that is consistent with both the Future Land Use Map and
the JPA Agreement.
Transportation and Access: The site is currently accessed by West Road. The affected segment is West
Road (which is an Orange County facility) from Ocoee Apopka Road to SR 429. The adopted level of service
(LOS) standard is E, and the operating LOS is currently at D. Therefore, since the property already has a
Commercial future land use designation on both the City's Future Land Use Map and the JPA Future Land
Use Map, a traffic capacity analysis is not required at this time. However, a traffic operations analysis may be
required at the time of site plan review to ensure safe operations near the intersection of West Road and
Fountains West Boulevard.
Utilities: The property is served by Orange County Utilities for water and sewer; however, reclaimed water
service will be provided by the City of Ocoee. Design and engineering of the reclaimed water will occur during
site plan review.
Stormwater: Stormwater will be required to be provided on -site and will be evaluated at the time of site plan
review.
Schools: Not applicable.
Public Safetv: The nearest fire station is located within 1.5 miles, and fire emergency service is available in
under five (5) minutes with a flow rate of 1,000 gallons per minute. The property is located within Police Patrol
Zone 5, with a response time of four (4) minutes and 4 seconds. The nearest police station is 4.6 miles away,
and the average non -emergency travel time is 11 minutes.
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
• - (4 91 1i • •-- • •
Page 182 of 253
Recreation and Open Space: The property is located within the Wekiva Study Area but does not contain any
unique features. The proposed use is commercial, and as such, recreation/open space is not required.
Please see the Annexation and Feasibility Analysis document for The Backyard attached for more details.
Issue:
Should the Honorable Mayor and City Commissioners approve the proposed ordinances for the Annexation
and Rezoning from County A-1 (Citrus Rural District) to City C-2 (Community Commercial District) for the
property located at 2214 West Road, assigned parcel ID number 06-22-28-0000-00-03?
Recommendations:
Development Review Committee (DRC) Recommendation
The DRC met on Tuesday, August 29, 2023, to review and consider the proposed Annexation and
Rezoning. As no concerns or issues were raised, the DRC made a recommendation of approval of the
proposed Annexation and Rezoning from County A-1 to City C-2 for the property located at 2214 West Road,
assigned parcel ID number 06-22-28-0000-00-035.
Planning and Zoning Commission (PZC) Recommendation
The PZC met on Tuesday, September 12, 2023, to review and consider the proposed Annexation and
Rezoning. Following discussions regarding buffering requirements for the east side where the property is
adjacent to a residential lot, the PZC made a recommendation of approval of the proposed Annexation and
Rezoning from County A-1 to City C-2 for the property located at 2214 West Road, assigned parcel ID number
06-22-28-0000-00-035.
Staff Recommendation
Staff recommends that the City Commission approve the proposed ordinances for the Annexation and
Rezoning from County A-1 to City C-2 for the property located at 2214 West Road, assigned parcel ID number
06-22-28-0000-00-035.
Attachments:
1. The Backyard Location Map
2. The Backyard Aerial Map
3. The Backyard Zoning Map
4. The Backyard FLU Map
5. Annexation and Rezoning Feasibility Report -The Backyard - 2214 West Rd Property
6. Annexation Ordinance - The Backyard 2214 West Rd
7. Rezoning Ordinance - The Backyard 2214 West Rd
8. Advertisement
Financial Impacts:
N/A
Type of Item: First Reading
City of • •e- a • • _ • t__ Florida 34761
Phone:41 • 1i • •-- • a
Page 183 of 253
The Backyard - Annexation & Rezoning
Location Map
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(umitairts West- Buuluvaid
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West UOU
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Page 184 of 253
The Backyard - Annexation & Rezoning
Aerial Map
� Fountains Wes
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AAW
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We Road
Robin Holly'
CL
A -I Desert Candle Drive
Arbour Point Way
Boulevard
. . . . . . . . . .
Page 185 of 253
The Backyard - Annexation & Rezoning
Surrounding Zoning Map
fIo„d
Development Services
Department
0 150 300 600
ININE Feet
Created: August 2023
a Subject Property
b�
Zoning Classification:
General Agricultural (A-1)
Suburban (A-2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AA)
Single -Family Dwelling (R-1A)
Single -Family Dwelling (R-1)
One- & Two -Family Dwelling (R-2)�
. Multiple -Family Dwelling (R-3)
Mobile Home Subdivision (RT-1)
Professional Offices & Services (P-S) b
Neighborhood Shopping (C-1)
,m Community Commercial (C-2)
General Commercial (C-3)
Restricted Manufacturing
& Warehousing (1-1)
. General Industrial (1-2)
„ Commercial (PUD)
Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
Unclassified
919—
R-1A oad p�29
S�aIe
i
R-1 A
Page 186 of 253
The Backyard - Annexation & Rezoning
Surrounding Future Land Use Map
fIo„d
Development Services
Department
0 150 300 600
ININE Feet
Created: August 2023
aSubject Property
Future Land Use Classification:
Low Density Residential (LDR)
Medium Density Residential (MDR)
" High Density Residential (HDR)
Professional Offices and Services (PS
Commercial (COMM)
Light Industrial (LI)
Heavy Industrial (HI)
Conservation/Floodplains (CONS)
Recreation and Open Space (REC)
FM Public Facilities/Institutional (INST)
'ad �29
O
S Vw FZ
Page 187 of 253
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-07-28-06 & RZ-23-07-06
APPLICANT NAME: JOSHUA HALPERIN, THE BACKYARD INC.
PROJECT NAME: THE BACKYARD — 2214 WEST ROAD
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to
individual properties. Each department's findings are summarized below.
I. PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager
A. Applicant/Owner
1. Owner (if different from Applicant): Carolyn Hovey Werst Revocable Trust (Represented by
Jenny Lynn Childs, Successor Trustee)
B. Property Location
1. General Location:
2. Parcel Identification Number:
3. Street Addresses:
4. Size and Number of Parcels:
C. Use Characteristics
11. Existing Use:
2. Proposed use:
3. Density / Intensity:
4. Projected Population:
D. Zoning and Land Use
1.
Orange County Future Land Use:
2.
Orange County Zoning:
3.
Existing Ocoee Future Land Use:
4.
Proposed Ocoee Zoning:
E. Consistency
1.
Joint Planning Area:
2.
Comprehensive Plan:
II. FIRE DEPARTMENT
1. Estimated Response Time:
2. Distance to Property:
3. Fire Flow Requirements:
III. POLICE DEPARTMENT
1. Police Patrol Zone / Grid / Area
2. Estimated Response Time:
3. Distance to Property:
3. Average Travel Time
The property is generally located on the south side of
West Road, beginning approximately 50 feet east of
Fountains West Boulevard, next to a Duke Power Facility.
06-22-28-0000-00-035
2214 West Road
1.77 acres (1 parcel)
Generally wooded with a single-family dwelling near West
Road
Food truck park for dining with small restaurant/cafe
N/A
A-1
Commercial per Comp Plan FLUM and JPA FLUM
C-2
Yes
Yes
Under 5 minutes
1.5 miles
1,000 gallons per minute
5
4 minutes and 4 seconds
4.6 miles
11 mins
Page 1 of 3
Page 188 of 253
IV. ECONOMIC VALUE
1.
Property Appraiser Market Value:
2.
Property Appraiser Taxable Value
3.
Estimated City Ad Valorem Taxes:
4.
Anticipated Licenses & Permits:
5.
Potential Impact Fees:
6.
Total Project Revenues:
I16-.1 1111FA
11 •••
VI. UTILITIES
A. Potable Water
1. In Ocoee Service Area:
2. City Capable of Serving Area:
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area:
2. City Capable of Serving Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation Agreement Needed:
C. Other
1. Utility Easement Needed:
2. Private Lift Station Needed:
3. Well Protection Area Needed:
VII. TRANSPORTATION
11.
Paved Access:
12.
ROW Dedication:
13.
Traffic Study:
14.
Traffic Analysis Zone:
Applicant Name: Joshua Halperin
Project Name: The Backyard — 2214 West Rd
Annexation & Rezoning
Case #: AX-07-28-06 & RZ-23-07-06
Anoch Whitfield, Zoning Manager
$72,277 (as single-family detached dwelling in County)
$46,179 (as single-family detached dwelling in County)
TBD
TBD
TBD
TBD
Jennifer Bolling, Engineering Manager
No, potable water service. Yes, reclaimed water service
No
Anoch Whitfield, Zoning Manager
Yes — West Road
No
No
Page 2 of 3
Page 189 of 253
Vill. PRELIMINARY CONCURRENCY EVALUATION
A. Transportation:
B. Parks / Recreation:
C. Water/ Sewer:
D. Stormwater:
E. Solid Waste:
F. Impact Fees:
I IX. SITE SPECIFIC ISSUES
I X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS
Applicant Name: Joshua Halperin
Project Name: The Backyard — 2214 West Rd
Annexation & Rezoning
Case #: AX-07-28-06 & RZ-23-07-06
All Departments
Anoch Whitfield, Zoning Manager I
Page 3 of 3
Page 190 of 253
ORDINANCE NO.2023-
(Annexation Ordinance for The Backyard
— 2214 West Road)
TAX PARCEL ID: 06-22-28-0000-00-035
CASE NO. AX-07-28-06: The Backyard — 2214 West Road Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 1.77
ACRES LOCATED AT 2214 WEST ROAD, GENERALLY ON THE SOUTH
SIDE OF WEST ROAD, BEGINNING APPROXIMATELY 50 FEET EAST
OF FOUNTAINS WEST BOULEVARD; FINDING SAID ANNEXATION
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING
OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR SEVERABILITY; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real properties located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately 1.77 acres of property, as more particularly described in Exhibit "A"
attached hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has detennined that said petition bears
the signatures and authorization of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of the Land
Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on September 12, 2023, the Planning and Zoning Commission of the
City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the
Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code,
and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City
Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
Page 191 of 253
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
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, Chapters 166 and
171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida,
bears the signatures and authorizations of all owners of the real property proposed to be annexed
into the corporate limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A snap of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT `B" and by this reference is made a part hereof.
Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan, and the Ocoee City Code.
Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 8. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of taxation,
laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same
privileges and benefits as other areas of the City of Ocoee, Florida.
Section 9. 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.
Page 192 of 253
Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage
and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance
with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer
of Orange County, Florida, and with the Florida Department of State within seven (7) days from
the effective date.
PASSED AND ADOPTED this
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
day of
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
, 2023.
ADVERTISED AND
READ FIRST TIME 2022
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF 2023
FISHBACK DOMINICK
City Attorney
Page 193 of 253
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 06-22-28-0000-00-035
BEG 113 FT W OF NE COR OF NW1/4 OF SE1/4 RUN W 120 FT S 570 FT TO RR E 120 FT N TO POB (LESS
R/W ON N) & (LESS PT TAKEN ON N FOR R/W PER 6897/2238 03-CA-1742) & BEG NE COR OF NW1/4
OF SE1/4 TH W 230 FT S 570 FT M/L TO RR R/W W 45 FT NELY TO PT 15 FT W OF POB TH E 15 FT TO
POB SEE 4969/3955
Page 194 of 253
EXHIBIT "B"
The Backyard - Annexation & Rezoning
Location Map
L. ................
6untains West 5.
O�
. .................................. - ------------
West Road
00.
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-NN
. ..... . . ....
-----------
0,
. .............. --------------------
Page 195 of 253
ORDINANCE NO.2023-
(Rezoning Ordinance for The Backyard
— 2214 West Road)
TAX PARCEL ID: 06-22-28-0000-00-035
CASE NO. RZ-23-07-06: The Backyard — 2214 West Road
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1
(CITRUS RURAL DISTRICT) TO CITY OF OCOEE C-2 (COMMUNITY
COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.77 ACRES LOCATED AT 2214
WEST ROAD, GENERALLY ON THE SOUTH SIDE OF WEST
ROAD, BEGINNING APPROXIMATELY 50 FEET EAST OF
FOUNTAINS WEST BOULEVARD; 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 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
1.77 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 C-2; 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 September 12, 2023, 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
Page 196 of 253
City Commission find that the Rezoning requested by the Applicant to be consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on October 17, 2023, 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 1.77 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 to City of Ocoee C-2. 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.
Page 197 of 253
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2023.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED 2023
READ FIRST TIME 2022.
READ SECOND TIME AND ADOPTED
, 2023.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 2023.
FISHBACK DOMINICK
City Attorney
Page 198 of 253
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 06-22-28-0000-00-035
BEG 113 FT W OF NE COR OF NW1/4 OF SE1/4 RUN W 120 FT S 570 FT TO RR E 120 FT N TO POB (LESS
R/W ON N) & (LESS PT TAKEN ON N FOR R/W PER 6897/2238 03-CA-1742) & BEG NE COR OF NW1/4
OF SE1/4 TH W 230 FT S 570 FT M/L TO RR R/W W 45 FT NELY TO PT 15 FT W OF POB TH E 15 FT TO
POB SEE 4969/3955
Page 199 of 253
EXHIBIT "B"
The Backyard - Annexation & Rezoning
Location Map
L. ................
6untains West 5.
O�
. .................................. - ------------
West Road
00.
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-NN
. ..... . . ....
-----------
0,
. .............. --------------------
Page 200 of 253
WEST ORANGE
Serial Number
23-03409W Times
West Orange Times
Published Weekly
Winter Garden , Orange County, Florida
COUNTY OF ORANGE
STATE OF FLORIDA
Before the undersigned authority personally appeared Cvndi Gustafson CITY OF OCOEE
who on oath says that he/she is Publisher's Representative of the West Orange NOTICE OF PUBLIC HEARING TO CONSIDER THE
THE BACKYARD - 2214 WEST ROAD
Times a weekly newspaper published at Winter Gat -den Orange County, Florida; ANNMVFION AN D I"ONING FROM ORANGE COUNTY A-1
that the attached copy of advertisement, TOCTITOrOCOEFC2
CASE NUAIBLR* AX-07-28-06 & RZ-23-07-06
NOTICE IS HEREBY GIVEN, pursuant to Article 1, Sections 1-9 and 1-10, and
being a Notice of Public Hearing Article V, Section 5-9, ofthe City of0coce Land Development Codethat on TUES.
DAYSFPTFMBER 12,2U23, ATO;30 WINI. or as soon thereafter as practical, the
OCOEE PLANNING & ZONING COMMISSION will hold a PUBLIC HEAR-
ING at the City of0coee Commission Chamber-, located at I North Mutual Avenue,
in the matter of Public Hearing on September 12. 2023 Ocoee, Florida, to consider theM)nexation and Rezoning for the'rhe Backyard -
2214 West Rd Annex & Rezone 2214, West Road. The property is assigned Parcel 11) # 06-22-28-0000-00-035 and
consists of: approximately 1.77 acres. The property is located on the south side of
West Road, beginning approximately 50 feet front Fountains West Boulevard, The
in the Court, was published in said newspaper by print in the property is currently developed %vith a single family residential dwelling.
If the applicants request is approved, the annexation would incorporate the prop-
erty into the City of0coce,and rezoning will amend the zoning classification of the
issues of 8/31/2023 subject property from Orange County A-1 (Citrus Rural District) to City of Ocoee
C,2 (Community Commercial District).
Interested parties may appear at the public hearing and be heard with respect to
Affiant further says that the West Orange Times complies with all legal the proposed action. The winplete case Me may be inspected at the Ocoee Devel-
opment services Department located at I North Bluford Avenue, Ocoee, Florida,
requirements for publication in chapter 50, Florida Statutes. between the bours of8:00 a.m. and. 5:00 p.m., Monday through Friday, except legal
holidays. The Planning and 7oning Commission may continue the public hearing
to other dates and times, as it deems necessary. Any interested party shall be ad -
*This Notice was placed on the newspaper's website and floridapublicnotices.com vised oftbo dates, times, and places ofany continuation oftbese or continued public
on the same day the notice appeared in the newspaper. hearings shall be announced (luring the hearing. No further notices regarding these
matters will be publisbed.1rux are advised thatanyperson who desires to appeal any
decision made at the public hearings will need a ircord of the proceedings and, fear
this purpose, may need to ensure that a verbatim record oftbe proceedings is made,
which includes the testimony and evidence upon which the appeal is based, In ac-
cordance with the Americans with Disabilities Act, persons needing specialacoom-
modations or an interpreter to participate in this proc ceding contact the City
Clerk's Office 49 hours in advance of the meeting at (407) 905-3105.
August 31,202.3 23-08409W
- _Cyy n s t a f n
Sworn to and subscribed, and personally appeared by physjc� presence before me, aJ
31 st day of August, 2023 A.D.
by Cynd* Gustaf n w o is personally known to me.
Notary b1f,State
(SEAL)
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