2021-053 Substantial Amendment to Fountains West PUD for Starbucks ORDINANCE NO. 2021-053
(Substantial Amendment to Fountains West PUD for Starbucks)
TAX PARCEL ID: 06-22-28-2856-03-000
CASE NO. RZ-21-07-26: Fountains West PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING
A SUBSTANTIAL AMENDMENT TO THE ALLOWABLE USES FOR
THE FOUNTAINS WEST PUB FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 1.26 ACRES LOCATED ON THE
NORTH EAST CORNER OF OCOEE APOPKA ROAD; PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
AMENDING THE LIST OF APPROVED USES TO INCLUDE
RESTAURANT WITH DRIVE THROUGH ON LOT 3; FINDING
CONSISTENCY WITH THE OCOEE COMPREHENSIVE PLAN;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING 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 amend the current Planned Unit Development (PUD) zoning and corresponding approved Land
Use Plan to allow a restaurant with drive through use on Lot 3 (the"Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 1.26 acres, more particularly described in Exhibit "A" and depicted in Exhibit
"B" from PUD 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 said 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 14, 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 said 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 October 19, 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 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 1.26 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from PUD to 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 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. All ordinances or parts 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.
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SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
5PASSED AND ADOPTED this day of delfba , 2021.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
7'Atve: ()JI- -
elanie Sibbitt, City Clerk' Rusty Johnson, r
(SEAL)
ADVERTISED 5-0- rna* .73 ,2021
READ FIRST TIME 07/ ,2021.
I SECOND TIME AND ADOPTED
b•R ,2021.
UNDER AGENDA ITEM NO. /4/
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this "51)1- day of 04 ,2021.
SHUFF I ELD LOWMAN WILSON,P.A.
By:
City A
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EXHIBIT "A"
LEGAL DESCRIPTION
FOUNTAINS WEST 72/111 LOT 3
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EXHIBIT "B"
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