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Home My WebLink About2024-31 Shoppes on the Bluff RezoningDOC # 20240572935 10/04/2024 14:27 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2024-31 Phil Diamond, Comptroller Orange County, FL (Rezoning Ordinance — Shoppes on the Bluff) Ret To: CSC INC TAX PARCEL ID: 33-21-28-0000-00-023 and 04-22-28-0000-00-012 CASE NO. RZ-24-03-05: Shoppes on the Bluff Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1AA (SINGLE FAMILY DWELLING DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT DISTRICT) ON CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 4.29 ACRES LOCATED ON THE NORTH SIDE OF CLARCONA OCOEE ROAD, BEGINNING APPROXIMATELY 400 FEET EAST OF THE NORTH CLARKE ROAD AT CLARCONA OCOEE ROAD INTERSECTION; FINDING SAID 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 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 4.29 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from R-lAA (Single -Family Dwelling District) to PUD (Planned Unit Development District); 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 10, 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 20240572935 Page 2 of 5 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 October 1, 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 Properties described in Exhibit "A" containing approximately 4.29 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-IAA (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 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. 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. 20240572935 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 0—' day of , 2024. ATTEST: Melanie S'ibbitt, ity Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 1 S J day of 0,lx k Q r 52024. FISIjB7KKDON1INICK sy: (" -) L � L' i, �.' � 0� City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty Johns , ADVERTISED ��M_%X)ey IG , 2024 READ FIRST TIME , 2024. READ SECOND TIME AND ADOPTED WON)L� I- , 2024. UNDER AGENDA ITEM NO. `6 20240572935 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 33-21-28-0000-00-023 SW1/4 OF SE1/4 S & E OF RY IN SEC 33-21-28 (LESS COMM AT THE NE COR OF NE1/4 OF SEC 04-22- 28 TH S89-58-10W 1324.43 FT N00-11-07E 274.52 FT TO POB TH N66-41-47W 387.06 FT NELY 151.58 FT N21-09-58E 175.70 FT NELY 453.40 FT S00-11-07W 840.80 FT TO POB) & (LESS PT TAKEN FOR R/W 9244/2335) PARCEL ID NO.: 04-22-28-0000-00-012 N1/2 OF NW1/4 OF NE1/4 LYING BETWEEN HIWAY & RY IN SEC 04-22-28 20240572935 Page 5 of 5 EXHIBIT 66W Shoppes on the Bluff CPA & Rezoning Location Map N U)