2022-19 Isaak Malka Property - 2199 West Road - Small Scale CPAORDINANCE NO.2022-19
(Small -Scale CPA — Isaak Malka Property)
TAX PARCEL ID: 05-22-28-0000-00-029
DOC # 20220639954
10/20/2022 12:15 PM 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. 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 II, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Chapter 163, Part II, 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
20220639954 Page 2 of 5
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, October 18,
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 Clerk 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 egya, 09 , 2022.
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20220639954 Page 3 of 5
ATTEST:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ELT 32022.
SHUFFIELD LOWMAN & WILSON, P.A.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty John ont ayor
ADVERTISED T,G>!✓ , 2022
READ FIRST TI E f , 2022.
REV SECOND TIME ANVADOPTED
�,; bher 1? , 2022.
UNDER AGENDA ITEM NO. 5
20220639954 Page 4 of 5
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 1/a OF THE NORTHWEST I/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.
20220639954 Page 5 of 5
West
EXHIBIT 66B9)
Isaak Malka Property
Location Map
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