2021-011 409 Ocoee Apopka Road PUD - RezoningDOC # 20210362912
06/17/2021 14:34 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.2021-011 Phil Diamond, Comptroller
(Rezoning Ordinance for 409 Ocoee Apopka Road PUD) Orange County, FL
Ret To: CSC INC
TAX PARCEL ID: 18-22-28-0000-00-056
CASE NO. RZ-21-02-02: 409 Ocoee Apopka Road PUD Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"RURAL/AGRICULTURAL" TO CITY OF OCOEE PUD, "PLANNED
UNIT DEVELOPMENT" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 4.76 ACRES LOCATED ON THE EAST SIDE OF
OCOEE APOPKA ROAD APPROXIMATELY 500 FEET NORTH OF W.
SILVER STAR ROAD, PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; 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; 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
+/- 4.76 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) of Chapter 180 of the Code of Ordinances 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 requested by the Applicant
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 study and recom lendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on May 11, 2021, 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 requested by the Applicant 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
20210362912 Page 2 of 5
Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant
is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on June 15, 2021, 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 Connnission 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 +/- 4.76 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County"
A-1 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 by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Connnission 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 Chapter
180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or pants 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,
20210362912 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 _/ _ day of , 2021.
ATTEST:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this I day of :Be!r! 2— , 2021.
SHUF FIELD LOWMAN & WILSON, P.A.
By:
City miarney,
APPROVED:
CITY OF OCOEE, FLORIDA
20210362912 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTH 348 5/12 FEET OF THE NORTH 733 5/12 FEET OF THE WEST 625 % FEET
OF THE S.W.'/4 OF THE N.E. OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORDIA.
20210362912 Page 5 of 5
EXHIBIT "B"