HomeMy WebLinkAboutItem 16 Second Reading of Ordinance for The Backyard Annexation & Rezoning from County A-1 to City C-2 - AX-07-28-06 & RZ-23-07-06
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 17, 2023
Item #: 16
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Second Reading of Ordinance for The Backyard Annexation & Rezoning from County
A-1 to City C-2 - AX-07-28-06 & RZ-23-07-06. (Zoning Manager Whitfield)
Background Summary: First Reading of Ordinance: October 3, 2023
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.
Property Size & Parcel Identification Number: The property contains approximately 1.513 acres and is
assigned parcel ID number 06-22-28-0000-00-035.
Existing Site Conditions: The table below summarizes the existing site conditions of the property.
Current Future Land Use
Map (FLUM) Designation
Current Zoning
District
Existing Land Use Unique
Features/Overlay
Districts
Commercial (per JPA) County A-1 Single family
residential dwelling
None
The table below lists the jurisdictions, future land use designations, zoning districts and existing uses of the
surrounding properties.
Direction Jurisdiction Future Land Use
Designation
Zoning Existing Land Uses
North City of Ocoee Commercial PUD-COMM Restaurant
South City of Ocoee Low Density
Residential
R-1A West Orange Trail & Vacant
Land
Page 726 of 782
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
East Orange
County
Rural A-1 Single-Family Residential
West Orange
County
Rural A-1 Duke Energy Facility
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.
Consistency 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.
Consistency 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.
Consistency 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 Safety: 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.
Page 727 of 782
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
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 06-22-28-0000-00-035?
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: Second Reading Public Hearing
Page 728 of 782
West Road
S tate R oad 429Ocoee Apopka RoadClarcona Ocoee Road
N Lakewood AvenueCabernet CircleFountains West BoulevardMerlot DriveRed Spruce WayUNNAMED LAKE
The Backyard - Annexation & Rezoning Location Map
I
Page 729 of 782
UNNAMED LAKE
UNNAMED CANAL
S tate R o ad 429West RoadOcoee Apopka RoadClarcona Ocoee Road
Fountains West Boulevard
Arbour Point Way
N Lakewood Avenue
Merlot Drive
Desert Candle Drive
R ob i n H o ll y S tr e e t
Fo r ta n in i Cir c le Red Spruce WayM a ro tt a L o o p
Private DriveRegal River CircleChablis Way
West Road
The Backyard - Annexation & RezoningAerial Map
I
0 250 500125Feet
Page 730 of 782
UNNAMED LAKE
A-1
C-2
PUD-COMM PUD-IND
R-1AA
R-1A
R-3 PUD-MDPUD-HD
R-1A
R-1A
R-1A
PUD-HD
C-2
PUD-PU
PUD-COMM
R-1AState R oad 429West Road
Ocoee Apopka RoadClarcona Ocoee Road
West Road
The Backyard - Annexation & RezoningSurrounding Zoning Map
Development ServicesDepartment
I
0 300 600150Feet
Created: August 2023
Subject Property
Zonin g Classification:General Agricultural (A-1)Sub urban (A-2)Single-Fa mily Dwelling (R-1AAA)Single-Fa mily Dwelling (R-1AA)Single-Fa mily Dwelling (R-1A)Single-Fa mily Dwelling (R-1)One- & Two-Family Dwe llin g (R-2)Multip le-Family Dwelling (R-3 )Mobile Home Subdivision (RT-1)Professional Offices & Services (P-S)Neighborho od Shop ping (C-1)Community C ommercial (C-2)General Commercial (C-3)
General Industrial (I-2)Commercial (PUD)Low De nsity (PUD)Medium Density (PUD)
Restricted Manufactu ring& Warehou sing (I-1)
High Density (PUD)Pub lic Use (PUD)Unclassified
Page 731 of 782
S tate R oad 429West Road
Ocoee Apopka RoadClarcona Ocoee Road
Fountains West BoulevardMerlot DriveDesert Candle DriveRed Spruce WayUNNAMED LAKE
LDR
LI
COMM
INST
HDR
LDR
COMM
MDR
LI
COMM
COMM
HDR
COMM
REC
INST
HDR
The Backyard - Annexation & RezoningSurrounding Future Land Use Map
Created: August 2023
Development ServicesDepartment
I
0 300 600150Feet
Subject Property
Future La nd Use Classification:Low Den sity Re sidential (LDR)Medium Density Residen tial (MDR)High Density Residential (HDR)Professional Offices and Services (PS)Commercial (COMM)Light Industria l (LI)Heavy In dustrial (HI)Conservation/Floodplains (CONS)Recreation and Open Space (REC)Public Facilities/Institutiona l (INST)
Page 732 of 782
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
Page 1 of 3
CASE NUMBER: AX-07-28-06 & RZ-23-07-06
APPLICANT NAME: JOSHUA HALPERIN, THE BACKYARD INC.
PROJECT NAME: THE BACKYARD – 2214 W EST 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: 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.
2. Parcel Identification Number: 06-22-28-0000-00-035
3. Street Addresses: 2214 West Road
4. Size and Number of Parcels: 1.77 acres (1 parcel)
C. Use Characteristics
1. Existing Use: Generally wooded with a single-family dwelling near West
Road
2. Proposed use: Food truck park for dining with small restaurant/café
3. Density / Intensity:
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County Future Land Use:
2. Orange County Zoning: A-1
3. Existing Ocoee Future Land Use: Commercial per Comp Plan FLUM and JPA FLUM
4. Proposed Ocoee Zoning: C-2
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT
1. Estimated Response Time: Under 5 minutes
2. Distance to Property: 1.5 miles
3. Fire Flow Requirements: 1,000 gallons per minute
III. POLICE DEPARTMENT
1. Police Patrol Zone / Grid / Area: 5
2. Estimated Response Time: 4 minutes and 4 seconds
3. Distance to Property: 4.6 miles
3. Average Travel Time 11 mins
Page 733 of 782
Applicant Name: Joshua Halperin
Project Name: The Backyard – 2214 West Rd
Annexation & Rezoning
Case #: AX -07-28-06 & RZ-23-07-06
Page 2 of 3
IV. ECONOMIC VALUE Anoch Whitfield, Zoning Manager
1. Property Appraiser Market Value: $72,277 (as single-family detached dwelling in County)
2. Property Appraiser Taxable Value $46,179 (as single-family detached dwelling in County)
3. Estimated City Ad Valorem Taxes: TBD
4. Anticipated Licenses & Permits: TBD
5. Potential Impact Fees: TBD
6. Total Project Revenues: TBD
V. PUBLIC WORKS DEPARTMENT
1. Within the 100-year Flood Plain:
VI. UTILITIES Jennifer Bolling, Engineering Manager
A. Potable Water
1. In Ocoee Service Area: No, potable water service. Yes, reclaimed water service
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: No
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 Anoch Whitfield, Zoning Manager
1. Paved Access: Yes – W est Road
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone:
Page 734 of 782
Applicant Name: Joshua Halperin
Project Name: The Backyard – 2214 West Rd
Annexation & Rezoning
Case #: AX -07-28-06 & RZ-23-07-06
Page 3 of 3
VIII. PRELIMINARY CONCURRENCY EVALUATION
A. Transportation:
B. Parks / Recreation:
C. Water / Sewer:
D. Stormwater:
E. Solid Waste:
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager
Page 735 of 782
RDINANCE 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 PROPERTY CONTAINING APPROXIMATELY 1.513
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; PREVAILING IN THE
EVENT OF ANY INCONSISTENCY; AND 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 1.513 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 determined 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 736 of 782
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 map 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 737 of 782
Section 10. CONFLICTING ORDINANCES. This ordinance prevails in the event of
any inconsistency with all ordinances or parts of ordinances in conflict herewith.
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 _____ day of _______________________, 2023.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS
TO FORM AND LEGALITY THIS _____ DAY
OF___________________, 2023
FISHBACK DOMINICK
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED ________ AND _________
READ FIRST TIME _______________, 2023
READ SECOND TIME AND ADOPTED
________________, 2023, UNDER AGENDA
ITEM NO. ____
Page 738 of 782
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ID NO.: 06-22-28-0000-00-035
BEG 113 FT W 0F 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 739 of 782
EXHIBIT “B”
Page 740 of 782
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 1.513 ACRES LOCATED AT 221
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; PREVAILING IN THE EVENT OF ANY INCONSISTENCY;
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
1.513 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 741 of 782
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 1.513 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. This ordinance prevails in the
event of any inconsistency with all ordinances or parts of ordinances in conflict herewith.
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 742 of 782
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:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this ______ day of ______________, 2023.
FISHBACK DOMINICK
By:
City Attorney
ADVERTISED _________________, 2023
READ FIRST TIME ____________, 2022.
READ SECOND TIME AND ADOPTED
______________________________, 2023.
UNDER AGENDA ITEM NO. _____
Page 743 of 782
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ID NO.: 06-22-28-0000-00-035
BEG 113 FT W 0F 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 744 of 782
EXHIBIT “B”
Page 745 of 782
FIRST INSERTIONCITY OF OCOEE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
REZONING FOR THE BACKYARD – 2214 WEST ROAD PROPERTY
FROM ORANGE COUNTY A-1 (CITRUS RURAL DISTRICT)
TO CITY OF OCOEE C-2 (COMMUNITY COMMERCIAL DISTRICT)
CASE NUMBER: RZ-23-07-06
NOTICE IS HEREBY GIVEN, pursuant to Article I, Sections 1-9 and 1-10A(1),
and Article V, Section 5-9, of the City of Ocoee Land Development Code that on
TUESDAY, OCTOBER 17, 2023, AT 6:15 P.M. or as soon thereafter as practical,
the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of
Ocoee Commission Chambers located at 1 North Bluford Avenue, Ocoee, Florida, to
consider the Rezoning for the The Backyard – 2214 West Road Property. The prop-
erty is assigned Parcel ID # 06-22-28-0000-00-035 and consists of approximately
1.513 acres. The property is located on the south side of West Road, beginning ap-
proximately 50 feet from Fountains West Boulevard. The property is currently de-
veloped with a single family residential dwelling.
Pursuant to Article V, Section 5-9B, of the Land Development Code, the Plan-
ning Director has determined that the subject property is within the Ocoee-Orange
County Joint Planning Area (JPA) and that the requested rezoning is consistent with
the Ocoee-Orange County JPA Land Use Map and the Ocoee Comprehensive Plan.
If the applicant’s request is approved, the subject property will be rezoned from
Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Com-
mercial District).
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANG-
ING THE ZONING CLASSIFICATION FROM ORANGE COUNTY
A-1 (CITRUS RURAL DISTRICT) TO CITY OF OCOEE C-2 (COM-
MUNITY COMMERCIAL DISTRICT) ON CERTAIN REAL PROP-
ERTY CONTAINING APPROXIMATELY 1.513 ACRES LOCATED AT
2214 WEST ROAD, GENERALLY ON THE SOUTH SIDE OF WEST
ROAD, BEGINNING APPROXIMATELY 50 FEET EAST OF FOUN-
TAINS WEST BOULEVARD; FINDING SUCH ZONING TO BE CON-
SISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVID-
ING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF-
FECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to
the proposed action. The complete case file may be inspected at the Ocoee Devel-
opment Services Department located at 1 North Bluford Avenue, Ocoee, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except le-
gal holidays. The City Commission may continue the public hearing to other dates
and times, as it deems necessary. Any interested party shall be advised of the dates,
times, and places of any continuation of these or continued public hearings shall be
announced during the hearing. No further notices regarding these matters will be
published. You are advised that any person who desires to appeal any decision made
at the public hearings will need a record of the proceedings and, for this purpose,
may need to ensure that a verbatim record of the proceedings is made, which in-
cludes the testimony and evidence upon which the appeal is based. In accordance
with the Americans with Disabilities Act, persons needing special accommodations
or an interpreter to participate in this proceeding should contact the City Clerk’s
Office 48 hours in advance of the meeting at (407) 905-3105.
October 5, 2023 23-03963WPage 746 of 782
FIRST INSERTIONCITY OF OCOEE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
ANNEXATION FOR THE BACKYARD – 2214 WEST ROAD PROPERTY
CASE NUMBER: AX-07-28-06
NOTICE IS HEREBY GIVEN, pursuant to Article I, Section 1-10A(1), and Article
V, Section 5-9, of the City of Ocoee Land Development Code that onTUESDAY,
OCTOBER 17, 2023, AT 6:15 P.M. or as soon thereafter as practical, the OCOEE
CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com-
mission Chambers located at 1 North Bluford Avenue, Ocoee, Florida, to consider
the Annexation for the The Backyard – 2214 West Road. The property is assigned
Parcel ID # 06-22-28-0000-00-035 and consists of approximately 1.513 acres. The
property is located on the south side of West Road, beginning approximately 50 feet
from Fountains West Boulevard. The property is currently developed with a single
family residential dwelling. The applicant proposes to develop an indoor/outdoor
restaurant use.
Pursuant to Article V, Section 5-9B, of the Land Development Code, the Plan-
ning Director has determined that the subject property is within the Ocoee-Orange
County Joint Planning Area (JPA) and that the requested annexation is consistent
with the Ocoee-Orange County JPA Land Use Map and the Ocoee Comprehensive
Plan. If the applicant’s request is approved, the annexation would incorporate the
property into the City of Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLOR-
IDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATE-
LY 1.513 ACRES LOCATED AT 2214 WEST ROAD, GENERALLY
ON THE SOUTH SIDE OF WEST ROAD, BEGINNING APPROXI-
MATELY 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.
Interested parties may appear at the public hearing and be heard with respect to the
proposed action. The complete case file may be inspected at the Ocoee Development
Services Department located at 1 North Bluford Avenue, Ocoee, Florida, between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays.
The City Commission may continue the public hearing to other dates and times, as it
deems necessary. Any interested party shall be advised of the dates, times, and places
of any continuation of these or continued public hearings shall be announced during
the hearing. No further notices regarding these matters will be published. You are
advised that any person who desires to appeal any decision made at the public hear-
ings will need a record of the proceedings and, for this purpose, may need to ensure
that a verbatim record of the proceedings is made, which includes the testimony and
evidence upon which the appeal is based. In accordance with the Americans with
Disabilities Act, persons needing special accommodations or an interpreter to par-
ticipate in this proceeding should contact the City Clerk’s Office 48 hours in advance
of the meeting at (407) 905-3105.
October 5, 2023 23-03964W
West Road
S ta te R o a d 4 2 9Ocoee Apopka RoadClarcona Ocoee Road
N Lakewood AvenueCabernet CircleFountains West BoulevardMerlot DriveRed Spruce WayUNNAMED LAKE
The Backyard - Annexation & Rezoning
Location Map
I
Page 747 of 782