2022-17 Ocoee Oaks Joint Venture RezoningORDINANCE NO.2022-17
(Rezoning Ordinance for Ocoee Oaks Joint Venture)
TAX PARCEL ID: 21-22-28-0000-00-027
DOC # 20220606777
10/06/2022 09:44 AM Page 1 of 5
Rec Fee: $44.00
Deed Doc Tax: $0.00
Mortgage Doc Tax: $0.00
Intangible Tax: $0.00
Phil Diamond, Comptroller
Orange County, FL
Ret To: CSC INC
CASE NO. RZ-22-08-43: South Clarke Road — Ocoee Oaks Joint Venture Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM GENERAL AGRICULTURE
DISTRICT (A-1) TO SINGLE FAMILY DWELLING DISTRICT (R-IA) ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.71
ACRES LOCATED IN THE NORTHEAST CORNER OF THE SOUTH
CLARKE ROAD AND WHITE ROAD INTERSECTION, 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
5.71 acres, more particularly described in Exhibit "A" and depicted in Exhibit "B" from A-1 to
R-1 A; 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 August 30, 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 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 finds that the Rezoning requested by the Applicant to be consistent with the
Ocoee Comprehensive Plan; and
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WHEREAS, on October 4, 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 Property described in Exhibit "A" containing approximately 5.71 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from A-1 to R-IA. 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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of Gl �i`L , 2022.
20220606777 Page 3 of 5
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this !�. n? day of e%). , 2022.
SHUFFIELD LOWMAN Sr WILSON, P.A.
RE
APPROVED:
CITY OF OCOEE, FLORIDA
usty Johnson,
ADVERTISED A&mh f' , , 2022
READ FIRST TIME, , 2022.
QSECOND IME AND ADOPTED
h 2022.
NDER AGENDA ITEM NO. rl
20220606777 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
A TRACT OF LAND, BEING A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, FOR A POINT OF BEGINNING, SAID
POINT ALSO LIES ON THE WEST LINE OF WHITE HILL PHASE ONE, ACCORDING TO THE PLATTHEREOF,
AS RECORDED IN PLAT BOOK 29, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
THENCE RUN SOUTH 00°03'05" EAST, ALONG THE WEST LINE OF SAID PLAT AND THE EAST LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 21, A DISTANCE OF 627.89 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WHITE
ROAD; THENCE DEPARTING SAID WEST AND EAST LINE, RUN SOUTH 89040'56" WEST, ALONG SAID
NORTH RIGHT-OF-WAY LINE, 332.95 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 21; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN NORTH 00001'33" WEST,
ALONG SAID WEST LINE, 627.88 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 21; THENCE RUN NORTH 89°40'50" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, A
DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID NORTH LINE, RUN NORTH 00003'05" WEST,
151.34 FEET; THENCE RUN NORTH 89056'55" EAST, 262.67 FEET TO A POINT ON THE WEST LINE OF
SAID WHITE HILL PHASE ONE; THENCE RUN SOUTH 00003'05" EAST, ALONG SAID WEST LINE, 150.11
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA, AND CONTAINS 5.706
ACRES, MORE OR LESS.
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EXHIBIT "B"
LOCATION MAP
Ocoee•
Location
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