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Home My WebLink About2024-20 Gardenia Pointe RezoningDOC # 20240310193 05/30/2024 08:39 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2024-20 Phil Diamond, Comptroller Orange County, FL (Rezoning Ordinance for Gardenia Pointe) Ret To: CSC INC TAX PARCEL ID: 10-22-28-0000-00-003, 10-22-28-0000-00-011, 10-22-28-0000-00-128 and 03-22-28-2834-01-201 CASE NO. RZ-23-02-02: Gardenia Pointe AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM UNCLASSIFIED AND R-1A (SINGLE FAMILY DWELLING DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.37 ACRES LOCATED ON THE NORTH SIDE OF THE FCEN RAILROAD TRACKS AT THE TERMINUS OF THE UNIMPROVED OCOEE VISTA PARKWAY RIGHT-OF-WAY AND ASSIGNED PARCEL IDENTIFICATION NUMBERS 10-22-28-0000- 00-003, 10-22-28-0000-00-011, 10-22-28-0000-00-128 AND 03-22-28-2834-01- 201; 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 3 7.3 7 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Unclassified and R-lA to 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 February 13, 2024, 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 find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on May 7, 2024, 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 37.37 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Unclassified District and R-IA (Single Family Dwelling) District to PUD (Planned Unit Development) District. 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this )A"�- day of Nk 2024. APPROVED: CITY OF OCOEE, FLORIDA Rusty John on, Vr ADVERTISED M MA q 2024 READ FIRST TIME _MjgUAi� 5 2024. READ SECOND TIME AND ADOPTED h 0A 3-k ,2024. UNDER A6ENDA ITEM NO. I Lf i LEGAL DESCRIPTION '�' i • 1 : 1111 11 11 SW1/4 OF NW1/4 (LESS THAT PART LYING S OF ACL RR) OF SEC 10-22-28 ' �' � • 1 : 1111 11 1 W1/8 OF SE1/4 OF NW1/4 LYING N OF SEABOARD COASTLINE R/R & FLORIDA CENTRAL R/R IN SEC 10-22-28 ' � • i • 1 : 1111 11 E1/2 OF W1/4 OF SE1/4 OF NW1/4 LYING N OF SCL RR IN SEC 10-22-28 FOREST OAKS UNIT 1 13/84 BEG AT N COR OF LOT 120 TH S 18 DEG E 135 FT S 71 DEG W 44.77 FT N 142.33 FT TO POB Gardenia Pointe Rezoning Location • f N I