HomeMy WebLinkAbout2026-03 - 1460 & 1446 North Lakewood Ave RezoningORDINANCE NO. 2026-03
(Rezoning to PUD & PUD Land Use Plan (LUP) Ordinance for 1460 & 1446 North
Lakewood Avenue — DS Sunrise Investments LLC Properties)
TAX PARCEL ID: 07-22-28-0000-00-083 & 07-22-28-0000-00-053
CASE NO. RZ-25-12-09: 1460 & 1446 North Lakewood Avenue — DS Sunrise Investments
LLC Properties 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 RESIDENTIAL PUD
(PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTIES
CONTAINING APPROXIMATELY 5.44 AND 1.02 ACRES LOCATED AT
1460 & 1446 NORTH LAKEWOOD AVENUE, WEST OF NORTH
LAKEWOOD AVENUE AND APPROXIMATELY 0.2 MILES NORTH OF
THE INTERSECTION OF WURST ROAD AND NORTH LAKEWOOD
AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE ENVISION 2045 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 6.46 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), 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 Envision 2045 Ocoee Comprehensive Plan as set forth in Ordinance No. 2025-14, adopted July
15, 2025, as amended (the "Envision 2045 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 March 10, 2026, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Envsion 2045 Ocoee
Comprehensive Plan and determined that the Rezoning is consistent with the Envision 2045 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 properties be rezoned as requested by the
Applicant and that the Ocoee City Commission find the Rezoning requested by the Applicant to
be consistent with the Envision 2045 Ocoee Comprehensive Plan; and
WHEREAS, on April 21, 2026, 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 Envision 2045 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 6.46 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A -I 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 a PUD Land Use Plan (LUP) Exhibit "C"
accompanying the Rezoning, is attached hereto and by this reference are 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.
SECTION 7. EFFECTIVE DATE, This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of 2026.
APPROVED:
Melanie Sibbitt, City Clerk Rusty Johnson, a7or
W=1
ADVERTISED lh)rl '1 9 2026.
READFIRSTTIME"
READ,kCOND TIME AND ADOPTED
C 2026.
91
UNDERAGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE CITY
OF OCOEE, FLORIDA; APPROVED AS TO
FORM AND LEGALITY
this -2 day of ft-L_ A,�,tj* t 2026.
1
A, @4 19-134TRIM6191
By-\.�-4Qajt4y° 61
City Attorney
RU'1(,,Ktd S. -GeAZr
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 07-22-28-0000-00-083 & 07-22-28-0000-00-053
BEG 330 FT S OF NE COR OF SETA OF NEIA TH W 1300 FT S 250 FT E 950 FT N 140 FT
E 350 FT N 105 FT TO POB IN SEC 07-22-28
SEIA OF NEIA OF SEC 7-22-28 LESS SOUTH 12 ACRES & LESS NORTH 165 FT MORE
PARTICULARY DESCRIBED AS FOLLOWS COMMENCING AT THE NE CORNER OF
THE SE 1/4 OF THE NE 1/4 TH SO-11-33E ALONG THE EAST LINE OF SAID NE 1/4 435
FT TH DEPARTING SAID E LINE TH N89-30-13W 30+/- FT TO W RIGHT OF WAY LINE
OF CLARCONA-OCOEE RD & THE POB TH DEPARTING SAID RIGHT OF WAY
CONTINUE N89-30-13W 319.93 FT TH SO-15-47E 140.01 FT TH S89-42-37E 319.75 FT TO
AFOREMENTIONED W RIGHT OF WAY TH NO-11-33W 138.87 FT TO POB
EXHIBIT "B"
1460 & 1446 N Lakewood Avenue
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