Item 12 First Reading of Ordinance for Isaak Malka Property, 2199 West Road, Annexation, Small Scale Comprehensive Plan Future Land Use Map Amendment & Rezoning; Project No(s): AX-04-22-24, CPA-22-04-37 & RZ-22-04-37OCO('F>
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Meeting Date: August 16, 2022
Item #:
Reviewed By:
Anoch Whitfield, Zonln�
Contact Name: Manager ,u Department Director: Michael Ru
Contact Number: 407-554-7079 City Manager: Robert Fr 1
Subject: Isaak Malka Property — 2199 West Road
Annexation,Small-Scale Comprehensive Plan Future Land Use Map Amendment from Low
Density Residential to High Density Residential, Rezoning from County A-1 to City PUD
Project No(s): AX-04-22-24, CPA-2022-003 RZ-22-04-37
Commission District # 1 — Larry Brinson, Sr.
Background Summary:
Owners: Malka Isaak
Applicant: Aaron Matson, Manager, CAP-5 Development, LLC
Site Location: The subject property is located at 2199 West Road and generally south and west of Desert Candle
Drive, east of the West Orange Trail and north of the West Road unimproved right-of-way, approximately 200 feet
north of SR 429. The site is located within the City of Ocoee -Orange County Joint Planning Area (JPA).
Parcel Identification Number(s): The project site consists of one (1) parcel: 05-22-28-0000-00-029.
Property Size: +/- 5.08 acres
Existing Future Land Use: Low -Density Residential (LDR) — Up to four (4) dwelling units per acre (per the Joint
Planning Area Future Land Use Map).
Existing Zoning: Orange County A-1 (Citrus Rural District)
Actual land use, proposed land use and unique features of the subject property: The property is currently vacant
with no unique features. The proposed land use is single-family attached residential (townhome) lots.
The current future land use designation and proposed zoning classification of the subject properties are as follows:
CURRENT
PROPOSED
Jurisdiction / FLU /
County Low Density Residential (LDR) FLU
City of Ocoee High Density Residential
Zoning Classification
(density of 8 to 16 dwelling units per
(density of 4 dwelling units per acre)
acre)
The current future land use designations and zoning classifications of the surrounding properties are as follows:
DIRECTION
FUTURE LAND USE
ZONING CLASSIFICATION
EXISTING LAND USE
North
Medium Density Residential
PUD - MD
Single-family attached residential
East
Medium Density Residential
PUD - MD
Single-family attached residential
South
LDR & SR 429
R-1A
Vacant
West
Light Industrial
PUD - IND
Apartments & School Uses
Proposed Land Use Plan: The applicant is proposing to annex the subject property into the City, amend its future
land use map designation from Low Density Residential to High Density Residential and reclassify the zoning
district from County A-1 to City Planned Unit Development (PUD) in order to develop single-family attached
residential (fee -simple townhome) subdivision. The current Low Density Residential (LDR) future land use
designation would allow development at four (4) units per acre, resulting in a maximum of 20 dwelling units. The
proposed High Density Residential (HDR) future land use would allow 8 to 16 units per acre, resulting in a
maximum of 81 dwelling units. As provided in the requested PUD rezoning, the proposed Land Use Plan (LUP)
would limit development to a 48-lot townhome subdivision, resulting in a proposed density of 9.4 units per acre.
The LUP proposes the below development standards for the subdivision:
• Building Setbacks:
o Front: 25 feet
o Side: 0 feet
o Rear: 20 feet
o Corner: 15 feet
• Building Height: 35 feet (2-story)
• Minimum Lot Size: 22' x 105'
• Visitor Parking: 20 spaces
Stormwater: Stormwater management will be provided on -site via surface retention, and approval of the PUD
does not designate stormwater requirements
Utilities: Potable water and wastewater utilities will be provided by Orange County Utilities (OCU). The City of
Ocoee would provide reclaimed water service.
Transportation / Traffic: The proposed subdivision will be access via Desert Candle Drive, which transitions to
Fountains West Boulevard to connect to West Road. The proposed future land use map amendment would result
in a net increase in of 394 trips (average annual daily trips) based on the maximum development potential of 81
townhome units and a net increase of 157 AADT trips based on the proposed 48 townhome units.
Based on current Concurrency Management System (CMS) spreadsheet of existing plus vested trips, there are
sufficient trip capacities on area roadways impacted by this amendment, including West Road, Clarcona Ocoee
Road and Ocoee Apopka Road. However, this proposed subdivision in addition to the Greens at Forest Lake
townhome subdivision and the Arbours at Crown Point apartment complex are accessed by, limited to and would
impact the southbound approach of the intersection of Fountains West Boulevard at West Road. A traffic study
was provided in 2018 for Greens at Forest Lake, and based on that traffic study, per a Developer Agreement, the
Greens at Forest Lake Subdivision has been obligated to pay its proportionate share of the cost of the installation
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of the traffic signal. Similarly, this applicant has been asked to provide a traffic study to determine the impact of
this development on that intersection and its proportionate share contribution, if any, towards the cost of the traffic
signal installation at this intersection. Staff is recommending that payment of the proportionate share contribution,
if any, be a condition of approval of this project, with such payment due to the City no later than the date of
issuance of the certificate of completion or the date of submittal of the plat application, whichever comes first.
Schools: The applicant has coordinated with Orange County Public Schools (OCPS), and the School District has
provided a Capacity Encumbrance Letter (CEL) indicating that school capacity for the proposed 48-lot subdivision
is available. The CEL letter further states that this determination will expire on November 16, 2022 and that the
applicant must reserve capacity for the total units in order to formally reserve school concurrency.
Public Safety: Fire service is available 2.3 miles from the property, and fire service can be provided within a 5-
minute response time. Police service is available 5.9 miles from the property, and police service can be provided
within an 11-minute response time for non -emergency services.
Drainage: Stormwater management will be provided through surface retention. The approval of the PUD does
not designate stormwater requirements, which is evaluated during preliminary subdivision plan review.
Recreation and Open Space: As part of the review of the PUD Land Use Plan, the applicant will be required to
provide a minimum of 30 percent useable open space.
Special Districts: The site is located within the Wekiva Study Area; however, the subject property does not contain
any Type A Soils or karst features.
Please see the Isaak Malka Property Annexation Feasibility Analysis document.
Staff supports the proposed development standards in the Isaak Malka Property Land Use Plan subject to the
conditions of approval.
Issue:
Should the Honorable Mayor and City Commission approve ordinances for the Annexation, Small -Scale
Comprehensive Plan Future Land Use Map Amendment from Low Density Residential to High Density
Residential, and Rezoning from County A-1 to City PUD (Planned Unit Development) for the Isaak Malka Property
for development of a 48-lot single-family attached townhome subdivision?
Development Review Committee Recommendation:
On June 7, 2022, the DRC met to determine if the proposed Annexation, Small -Scale Comprehensive Plan
Amendment and Rezoning were consistent with the City's regulations and policies. When the discussion was
finished, the DRC voted to recommend approval subject to the following conditions:
1. Provide written confirmation from Orange County that the unimproved West Road right-of-way (ROW),
which is owned by the County, is allowed to be utilized for the southern roadway and on -street parking to
serve this development.
2. Revise the Land Use Plan to show and provide a minimum 20-foot lot frontage on the subdivision roadway
for lots 19, 20, 29 and 30.
3. Revision of the Land Use Plan to provide the maximum impervious surface area standard for the PUD,
including maximum ISA for each lot as applicable.
4. Provide confirmation from the Ocoee Fire Department that fire engine turn -around and maneuvering space
within the proposed southern ROW can be achieved, else revise the Land Use Plan to comply with the
National Fire Prevention Code.
3
5. Revise the Land Use Plan and Subdivision Plan to show the needed right-of-way utilization easement for
use of the proposed ROW for on -street parking.
6. Revise the Land Use Plan to ensure that refuse storage/collection areas can be served by Solid Waste
Management garbage trucks, relative to access and maneuverability.
7. Revise the Land Use Plan to clearly delineate, label and provide acreage information for all tracts, i.e.
stormwater retention tracts, open space tracts, etc.
8. Revise the Land Use Plan to provide a minimum 30% usable open space and include those tracts in an
open space table.
9. Revise Land Use Plan to show reclaimed water connections.
10. Provide a traffic study to determine the impact of this development on Fountains West Blvd. at West Road
and this project's proportionate share contribution towards the cost of a traffic signal installation at that
intersection. Payment of the proportionate share contribution, if any, shall be a condition of approval of
this project and shall be due to the City no later than the date of issuance of the certificate of completion
or the date of submittal of the plat application, whichever comes first.
Following the June 7, 2022 DRC meeting, the applicant submitted the Preliminary Subdivision Plan (PSP) for
review and met with City staff to discuss options for addressing the concerns raised for the CPA and PUD Land
Use Plan as well as for the PSP. The applicant resubmitted a PUD LUP and PSP that resolved the majority of
the concerns raised by staff.
On July 5, 2022, the DRC met to consider the proposed Preliminary Subdivision Plan for consistency with the
City's regulations, policies and proposed PUD Land Use Plan. When the discussion was finished, the DRC voted
to recommend approval of the Preliminary Subdivision Plan subject to the following conditions:
1. Revise the Land Use Plan and Subdivision Plan to show the needed right-of-way (ROW) utilization
easement for use of City ROW for on -street parking on proposed Tract A and the West Road ROW.
2. Revise the Land Use Plan and Preliminary Subdivision Plan to delete old notes calling out refuse/recycling
receptacle storage areas.
3. Revise Land Use Plan to add connections and Iinework/callouts for the typical utility easements for City
reclaimed water service.
4. Provide a traffic study to determine the impact of this development on Fountains West Blvd. at West Road
and this project's proportionate share contribution towards the cost of a traffic signal installation at that
intersection. Payment of the proportionate share contribution, if any, shall be a condition of approval of
this project and shall be due to the City no later than the date of issuance of the certificate of completion
or the date of submittal of the plat application, whichever comes first.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission met on July 12, 2022, and reviewed the proposed Annexation,
Comprehensive Plan Future Land Use Map Amendment, Rezoning and Preliminary Subdivision Plan. Between
the time that the staff reports were submitted to the PZC and the PZC hearing, the applicant submitted revised
Land Use Plan and Preliminary Subdivision Plan that addressed the majority of the DRC comments. The below
items remained outstanding; therefore, the PZC recommended approval subject to the following conditions:
Provide a traffic study to determine the impact of this development on Fountains West Blvd. at West Road
and this project's proportionate share contribution towards the cost of a traffic signal installation at that
intersection. Payment of the proportionate share contribution, if any, shall be a condition of approval of
this project and shall be due to the City no later than the date of issuance of the certificate of completion
or the date of submittal of the plat application, whichever comes first.
The east -west proposed subdivision road within the West Road unimproved ROW will be designed and
constructed in a manner that allows emergency vehicles to access (both ingress and egress) the site via
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West Road as well as the stabilized emergency services path in Tract G-3, which is located at the end of
the cul-de-sac (Tract A) of the Greens at Forest Lake Subdivision.
Recommendations:
Based on the above analysis and the subsequent DRC and Planning and Zoning Commission recommendations,
staff recommends that the City Commission approve the ordinances for the Annexation, Small -Scale
Comprehensive Plan Future Land Use Map Amendment from Low Density Residential to High Density
Residential, and Rezoning from County A-1 to City PUD (Planned Unit Development) for the Isaak Malka Property
for development of a 48-lot single-family attached townhome subdivision.
Attachments:
Location Map
Aerial Map
Future Land Use Map
Zoning Map
Annexation Feasibility Analysis
Isaak Malka Property PUD Land Use Plan
Preliminary Renderings
Annexation Ordinance
Comprehensive Plan Future Land Use Map Amendment Ordinance
Rezoning Ordinance
Financial Impact: No financial impacts anticipated at this time.
Type of Item: (please mark with an 'Y)
❑
Public Hearing
®
Ordinance First Reading
❑
Ordinance Second Reading
❑
Resolution
❑
Commission Approval
❑
Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
For Cleric's Dept Use:
❑ Consent Agenda
❑ Public Hearing
❑ Regular Agenda
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CITY OF OCOEE
• - •
CASE NUMBER: AX-04-22-24 & RZ-22-04-37
APPLICANT NAME: Aaron Matson, CAP 5 Development, LLC
PROJECT NAME: ISAAK MALKA PROPERTY
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to
individual properties. Each department's findings are summarized below.
1. PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager
A. Applicant/owner
1. Owner (if different from Applicant): Malka Isaak
. Property Location
1.
General Location:
The property is generally located south and west of
Desert Candle Drive, east of the West Orange Trail and
north of the West Road unimproved right-of-way
2.
Parcel Identification Number:
05-22-28-0000-00-029
3.
Street Addresses:
To be determined
4.
Size of Parcels:
5.084 acres (1 parcel)
Use Characteristics
1. Existing Use:
Vacant with scattered trees
2. Proposed use:
Single-family attached townhomes
3. Density / Intensity:
4. Projected Population:
N/A
D. Zoning and Land Use
1. Orange County Future Land Use:
County Rural
2. Orange County Zoning:
A-1
3. Existing Ocoee Future Land Use:
Low Density Residential per JPA FLUM
4. Proposed Ocoee Zoning:
PUD
E. Consistenc
1. Joint Planning Area:
Yes (upon approval of requested JPA update)
2. Comprehensive Plan:
Yes
FM -
FIRE DEPARTMENT
1. Estimated Response Time:
5 Min
2. Distance to Property:
2.3 Miles
3. Fire Flow Requirements:
TBD
POLICE DEPARTMENT
1. Police Patrol Zone / Grid / Area:
District 1
2. Estimated Response Time:
11 minutes (non -emergency response)
3. Distance to Property:
5.9 miles
3. Average Travel Time
11 minutes
Page 1 of 3
rm-
Applicant Name: Aaron Matson, CAP 5 Development, LLC
Project Name: Isaak Malka
Annexation & Rezoning
Case #: AX-04-22-24 & RZ-22-04-37
CONOMIC VALUE
Anoch Whitfield, Zoning Manager
1.
Property Appraiser Market Value:
$45,776,551 (as vacant land in County)
2.
Property Appraiser Taxable Value
$45,776,551 (as vacant land in County)
3.
Estimated City Ad Valorem Taxes:
TBD
4.
Anticipated Licenses & Permits:
TBD
5.
Potential Impact Fees:
TBD
6.
Total Project Revenues:
TBD
V. PUBLIC WORKS DEPARTMENT
1. Within the 100-year Flood Plain: No
VI. UTILITIES Jennifer Bolling, Engineering Manager
A. Potable Water
1. In Ocoee Service Area:
No (in Orange County Utilities)
2. City Capable of Serving Area:
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
c
B. Sanitary Sewer
1. In Ocoee Service Area:
No (in Orange County Utilities)
2. City Capable of Serving Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation Agreement Needed:
. Other
1. Utility Easement Needed:
2. Private Lift Station Needed:
3. Well Protection Area Needed:
VII,
TRANSPORTATION Anoch Whitfield, Zoning Manager
1. Paved Access:
Yes — Desert Candle Drive
2. ROW Dedication:
Yes — proposed 50-ft ROW dedication
3. Traffic Study:
Required
4. Traffic Analysis Zone:
Page 2 of 3
C
Applicant Name: Aaron Matson, CAP 5 Development, LLC
Project Name: Isaak Malka
Annexation & Rezoning
Case #: AX-04-22-24 & RZ-22-04-37
(111. PRELIMINARY-CONCURRENCY
EVALUATION
A. Transportation:
B. Parks / Recreation:
C. Water / Sewer:
D. Stormwater:
E. Solid Waste:
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. `'CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager
Page 3 of 3
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ORDINANCE NO.2022-
(Annexation Ordinance for 2199 West Road
— Isaak Malka Property)
TAX PARCEL ID: 05-22-28-0000-00-029
CASE NO. AX-04-22-24: 2199 West Road — Isaak Malka Property Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 5.08
ACRES LOCATED SOUTH AND WEST OF DESERT CANDLE DRIVE,
EAST OF THE WEST ORANGE TRAIL AND NORTH OF THE WEST
ROAD UNIMPROVED RIGHT-OF-WAY APPROXIMATELY 200 FEET
NORTH OF SR 429; FINDING SAID ANNEXATION TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY
CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING
FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real properties located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately 5.08 acres of property, as more particularly described in Exhibit "A"
attached hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of the Land
Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on July 12, 2022, the Planning and Zoning Commission of the City
of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, and to
be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission
that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
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, Chapters 166 and
171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida,
bears the signatures of all owners of the real property proposed to be annexed into the corporate
limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan, and the Ocoee City Code.
Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 8. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of taxation,
laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same
privileges and benefits as other areas of the City of Ocoee, Florida.
Section 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage
and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance
with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer
of Orange County, Florida, and with the Florida Department of State within seven (7) days from
the effective date.
PASSED AND ADOPTED this
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
day of , 2022.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED AND
READ FIRST TIME , 2022
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF . 2022
SHUFFIELD, LOWMAN & WILSON, P.A.
USE
City Attorney
2022, UNDER AGENDA
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 05-22-28-0000-00-029
BEGINNING AT A POINT 30 FEET NORTH OF THE SOUTHWEST CORNER OF THE
WEST ONE HALF OF THE SOUTHWEST '/4 OF THE NORTHWEST 'A OF SECTION 5,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, PROCEED NORTH 89°16'00" EAST 400 FEET,
THENCE NORTH 550 FEET, THENCE WESTERLY 400 FEET, THENCE SOUTHERLY 558
FEET ALONG THE WEST LINE TO THE POINT OF BEGINNING AND MING AND
BEING IN ORANGE COUNTY, FLORIDA.
EXHIBIT "B"
ORDINANCE NO. 2022-
(Small-Scale CPA — Isaak Malka Property)
TAX PARCEL ID: 05-22-28-0000-00-029
CASE NO. CPA-2022-003: Isaak Malka Property Small -Scale Comprehensive Plan
Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE
CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE OCOEE
COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE MAP
DESIGNATION FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY
RESIDENTIAL FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 5.08 ACRES LOCATED SOUTH AND WEST OF DESERT
CANDLE DRIVE, EAST OF THE WEST ORANGE TRAIL AND NORTH OF
THE WEST ROAD UNIMPROVED RIGHT-OF-WAY APPROXIMATELY 200
FEET NORTH OF SR 429; PROVIDING FOR AND AUTHORIZING THE
REVISION 'OF THE OFFICIAL CITY FUTURE LAND USE MAP;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission")
has adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No.
91-28 on September 18, 1991 pursuant to Chapter 163, Part Il, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Chapter 163, Part 11, Florida Statutes, sets forth procedures and requirements
for a local government to adopt a comprehensive plan and amendments thereto; and
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, assigned tax parcel identification number 05-22-28-
0000-00-029, more particularly described in Exhibit "A" and depicted in Exhibit "B", has
submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future
Land Use designation (the "Comprehensive Plan Amendment") of said real property from Low
Density Residential to High Density Residential; and
WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of
the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive
Plan Amendment application and determined that said Comprehensive Plan Amendment is
consistent with the Ocoee Comprehensive Plan, as amended from time to time; and
WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday,
July 12, 2022, to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday,
, 2022, the Ocoee City Commission held a de novo advertised public hearing
with respect to the proposed Comprehensive Plan Amendment and determined, after consideration
of public comments, that the proposed Comprehensive Plan Amendment is consistent with the
Ocoee Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The City Commission of the City of Ocoee 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 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use
Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to
change the future land use designation of the Subject Property, as particularly described in Exhibit
"A" and depicted in Exhibit "B", from Low Density Residential (LDR) to High Density
Residential (HDR).
SECTION 4. COMPREHENSIVE PLAN. The City Cleric is hereby authorized and
directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate
the Comprehensive Plan Amendment enacted by this Ordinance.
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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective thirty-one
(31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5),
Florida Statutes.
PASSED AND ADOPTED this day of , 2022.
Space intentionally left blank
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2022
READ FIRST TIME , 2022.
READ SECOND TIME AND ADOPTED
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of , 2022.
SHUFFIELD LOWMAN & WILSON, P.A.
City Attorney
2022.
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 05-22-28-0000-00-029
BEGINNING AT A POINT 30 FEET NORTH OF THE SOUTHWEST CORNER OF THE
WEST ONE HALF OF THE SOUTHWEST 'A OF THE NORTHWEST '/4 OF SECTION 5,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, PROCEED NORTH 89016'00" EAST 400 FEET,
THENCE NORTH 550 FEET, THENCE WESTERLY 400 FEET, THENCE SOUTHERLY 558
FEET ALONG THE WEST LINE TO THE POINT OF BEGINNING AND LYIING AND
BEING IN ORANGE COUNTY, FLORIDA.
EXHIBIT "B"
ORDINANCE NO.2022-
(Rezoning Ordinance for 2199 West Rd
— Isaak Malka Property)
TAX PARCEL ID: 05-22-28-0000-00-029
CASE NO. RZ-22-04-37: 2199 West Rd — Isaak Malka Property Rezoing
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1
(CITRUS RURAL DISTRICT) TO CITY OF OCOEE PUD (PLANNED
UNIT DEVELOPMENT DISTRICT) ON CERTAIN REAL PROPERTIES
CONTAINING APPROXIMATELY 5.08 ACRES LOCATED SOUTH AND
WEST OF DESERT CANDLE DRIVE, EAST OF THE WEST ORANGE
TRAIL AND NORTH OF THE WEST ROAD UNIMPROVED RIGHT-OF-
WAY APPROXIMATELY 200 FEET NORTH OF SR 429; 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; 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 5.08 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 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 July 12, 2022, 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 , 2022, 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 5.08 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 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. 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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2022.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED 52022
READ FIRST TIME 52022.
READ SECOND TIME AND ADOPTED
52022.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 52022.
SHUF FIELD LOWMAN & WILSON, P.A.
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 05-22-28-0000-00-029
BEGINNING AT A POINT 30 FEET NORTH OF THE SOUTHWEST CORNER OF THE
WEST ONE HALF OF THE SOUTHWEST '/4 OF THE NORTHWEST 'A OF SECTION 5,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, PROCEED NORTH 89016'00" EAST 400 FEET,
THENCE NORTH 550 FEET, THENCE WESTERLY 400 FEET, THENCE SOUTHERLY 558
FEET ALONG THE WEST LINE TO THE POINT OF BEGINNING AND LYIING AND
BEING IN ORANGE COUNTY, FLORIDA.