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2022-20 Isaak Malka Property - 2199 West Road - RezoningORDINANCE NO.2022-20 (Rezoning Ordinance for 2199 West Rd — Isaak Malka Property) TAX PARCEL ID: 05-22-28-0000-00-029 DOC # 20220639955 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. RZ-22-04-37: 2199 West Rd — Isaak Malka Property Rezoning 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 20220639955 Page 2 of 5 find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on October 18, 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. 20220639955 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 Ir day of A6& ✓ , 2022. APPROVED: CITY OF OCOEE, FLORIDA 'ki�. L--- Rusty Johns yor ADVERTISED .er , 2022 READ FIRST T E _14rt ott , 2022. REAP SECOND TIME AND ADOPTED a AP11 , 2022. UNDER AGENDA ITEM NO. T FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this J) day of 00--j' , 2022. SHUFFIELD LOW N & WILSON, P.A. By: �T..., 20220639955 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 '/4 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. 20220639955 Page 5 of 5 West Read u 111prd- C N EXHIBIT "B" Isaak Malka Property Location Map > r Z