Item 17 Second Reading of Ordinances for Howard Property - Annexation & Rezoning
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 17, 2023
Item #: 17
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Second Reading of Ordinance for Howard Property, 8708 A. D. Mims Road -
Annexation & Rezoning; Project No(s). AX-09-22-27 & RZ-22-09-44. (Zoning Manager
Whitfield)
Background Summary:
The First Reading on this item was December 6, 2022.
Owner/Applicant: Winston B. Moxey. At the time this application was submitted, the owner was Leroy
Howard. Mr. Howard has since sold the property to Mr. Moxey.
Site Location: The property is located in Commission District 4 on the south side of A. D. Mims Road,
beginning approximately 160 feet west of Prairie Lake Boulevard.
Property size & parcel identification number(s): The subject property consists of approximately 2.25 acres and
is assigned parcel ID#: 10-22-28-0000-00-133.
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)
Proposed Zoning: City R-1AA (Single Family Dwelling District)
Actual land use, proposed land use and unique features of the subject property: The property is currently
vacant with no unique features, and the applicant proposes single-family residential uses. The property is
within the boundaries of the City of Ocoee and Orange County Joint Planning Area (JPA). The table below
lists the future land use designations, jurisdiction, existing land uses and zoning classifications of the
surrounding parcels:
Direction: JPA Future Land Use Jurisdiction / Zoning / Use
North Low Density Residential
(LDR) / City LDR
West side of Prairie Oaks Court is County A-1 &
East side of Prairie Oaks Court is City R-1A
East LDR County A-1
South LDR County A-1
Page 533 of 656
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
West LDR County A-1
Proposed Development: The applicant is proposing to annex into the City and rezone the property to R-1AA
(Single Family Dwelling District) in order to develop a single-family residential subdivision. Under the current
Low Density Residential (LDR) Future Land Use Designation, the 2.25-acre property would be allowed up to
nine (9) dwelling units. Since the proposed requested zoning district is R-1AA, development of the subdivision
will be required to comply with the design and development standards established for the conventional R-1AA
zoning district as summarized below:
• Minimum Lot Size and Living Area: 9,000 SF and 1,400 SF
• Minimum Lot Width: 75 feet
• Building Setbacks:
1. Front: 25 feet
2. Side: 7.5 feet
3. Rear: 30 feet
• Building Height: 35 feet
• Maximum Impervious Surface Area: 50%
Since the property is surrounded by single-family residential uses and the proposed use is single-family
residential, landscape buffering per the Comprehensive Plan will not be required. Landscaping requirements
for a subdivision will be evaluated at the time the Preliminary Subdivision Plan (PSP) is submitted.
Access: Access will be provided via A. D. Mims Road and a possible future subdivision road, depending on
design of the PSP.
Utilities: Water is provided by the City. However, unless the developer extends sewer service from the nearest
manhole, the development of the subdivision will be served by septic systems.
Transportation: The property currently has access from A. D. Mims Road. The adopted level of service (LOS)
standard for A. D. Mims Road, from Sandy Cove/Wurst Road to Apopka Vineland Road, is E, and as of 2020,
the operating LOS was C, with a volume over capacity (V/C) ratio of less than 0.5. Thus, a traffic capacity
analysis is not required. At the time of PSP, an operations analysis may be required.
Stormwater: Stormwater management will be provided on-site and will be evaluated at the time of the
Preliminary Subdivision Plan.
Schools: As this is a rezoning and not a Comprehensive Plan Future Land Use Map Amendment, there is no
proposed increase in the allowable density. It remains at up to 4 dwelling units per acre. Furthermore, at the
potential nine (9) dwelling units, development of the subdivision is considered de minimis per the Interlocal
Agreement (ILA) with the Orange County School District.
Public Safety: Fire service is available within one (1) mile of the property and can be provided within a 5-
minute response time. Police service is available within 4.5 miles (Police Patrol Zone 2) within an 11-minute
response time for non-emergency services.
Recreation and Open Space: As part of the review of the Preliminary Subdivision Plan, the applicant will be
required to provide the minimum open space acreage and recreation facilities based on the number of units
proposed.
Please see the Howard Property Annexation Feasibility Analysis document attached.
At the time of subdivision review, development of the subdivision will be required to comply with the
Page 534 of 656
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
requirements of Section 4-4.1 for a Short-Form Subdivision Plat (process for 10 or fewer lots). Staff supports
the proposed annexation and rezoning.
Issue:
Should the Honorable Mayor and City Commission approve ordinances for the Annexation and Rezoning from
Orange County A-1 (Citrus Rural District) to City R-1AA (Single Family Dwelling District) for the property
located at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a
single-family residential subdivision?
Recommendations:
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on Tuesday, November 1, 2022, to consider the item and
recommended approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City
R-1AA (Single Family Dwelling District) for the property located at 8708 A. D. Mims Road, assigned parcel ID
number 10-22-28-0000-00-133 for development of a residential subdivision.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission met on Tuesday, November 8, 2022, to consider the item and
recommended approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City
R-1AA (Single Family Dwelling District) for the property located at 8708 A. D. Mims Road, assigned parcel ID
number 10-22-28-0000-00-133 for development of a residential 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
and Rezoning from Orange County A-1 (Citrus Rural District) to City R-1AA (Single Family Dwelling District)
for the property located at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for
development of a single-family residential subdivision.
Attachments:
1. Location Map
2. Aerial Map
3. FLU Map
4. Zoning Map
5. Annexation Feasibility Analysis
6. Annexation Ordinance
7. Rezoning Ordinance
8. Advertisements
Financial Impacts:
No financial impacts anticipated.
Type of Item: Second Reading
Page 535 of 656
PRAIRIE LAKE
LAKE STANLEY
LAKE HACKNEY
LAKE JOHIO
LAKE BARLOW
LAKE LUCY
A D Mims Road
Silver Star Roa dJohio Shores RoadN Apopka Vineland RoadI
s
o
n
L
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Pr
ai
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i
e Lake Boul
evar
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ke RoadLake Stanley RoadDovetail Drive
Cedar Bluff LaneCoventry LaneDorwood DriveCullens Court Rich DriveHager DriveBlake Way
New Victor Road
Starr Drive
S
tric
k
er
D
riv
e Maplegrove DriveSpringfield Dri ve
Flora Avenue
Lowman Avenue
Kalch Court
Lochshyre LoopHaverford DriveLake StreetE H Pounds D riv e
Mauldin RoadR o y a l M a r q u i s C i r c l e
Andre C ourt
Stefanshire Avenue
Stonewater Circle Prairie Oaks CourtMontheat
h Ci
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eCompass Flower Way
Prairie Sage Trail
Har
ebel
l
LaneMil
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weed St
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8708 A. D. Mims RoadLocation Map
I
Page 536 of 656
PRAIRIE LAKE
A D Mims Road
Johio Shores RoadS
tric
k
e
r
D
riv
e
Kalch Court Carriage Oak CourtLowman Avenue
Stefanshire Avenue
Stonewater Circle Prairie Oaks CourtI
0 200 400100Feet
8708 A. D. Mims Road - Annexation & Rezoning
Page 537 of 656
PR AIR IE LAKE
LAKE STA NLEY
LAKE HACKNEY
LAKE BARLOW
LDR
HDR
HDR
CO MM
REC
MDR
A D Mim s Road
Johio Shores RoadDovetail Drive N Apopka Vineland RoadPrairie Lake BoulevardLake Stanley RoadDorwood DriveB la ke Wa y
Starr Drive
Cullens Court
Cedar Bluff LaneS
tric
k
er
D
riv
eN Cl
arke RoadSpringfield Dri ve
Coventry LaneLowm an Avenue
Kalch Court
Lochshyre LoopHaverford DriveE H Pounds D riv e Carriage Oak CourtMaplegrove DriveA n d r e C o u r t
Stefanshire Avenue
S to n e w ater Circle Prairie Oaks CourtMontheat
h Ci
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ebel
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LaneMil
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Tranquille Oaks Drive
Groundsel LaneS
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8708 A. D. Mims Road - Annexation & RezoningSurrounding Future Land Use Map
Created: October 2022
Development ServicesDepartment
I
0 410 820205Feet
Subject Property
Future Land Use Classificatio n:Low Density Residential (LDR)Med ium De nsity Resid ential (MDR )High Density R esidential (HDR)Professiona l Office s and Services (PS)Commercia l (COMM)Light Indu strial (LI)Heavy Industrial (HI)Conservation/Flo odpla ins (CO NS)Recreation and Open Space (REC)Pub lic Facilities/Institutional (INST)
Page 538 of 656
PR AIR IE LA KE
LAKE STA NLEY
LAKE HACKNEY
LAKE BARLOW
R-1A
R-3
R-1A
PUD-MD
UNC
R-1AAA
R-1AA
R-1A
R-1AR-1A
A-1
UNCPUD-COM M A D Mims Road
Johio Shores RoadDovetail Drive N Apopka Vineland RoadIson LanePrai
r
i
e Lake Boul
evar
dLake Stanley RoadDorwood DriveB la ke Wa y
Starr Drive
Cullens Court
Cedar Bluff LaneS
tric
k
er
D
riv
eN Cl
arke RoadSpringfield Dri ve
Coventry LaneLowm an Avenue
Kalch Court
Lochshyre LoopHaverford DriveE H Pounds D riv e Maplegrove DriveA n d r e C o u r t
S to n e w ater Circle Prairie Oaks CourtMontheat
h Ci
rcl
eGroundsel LaneS
w
itc
h
G
r
a
s
s
C
ircle
8708 A. D. Mims Road - Annexation & RezoningSurrounding Zoning Map
Development ServicesDepartment
I
0 410 820205Feet
Created: October 2022
Subject Property
Zoning Classification :Genera l Agricultural (A-1 )Su burban (A-2)Single-Family Dwelling (R-1AAA)Single-Family Dwelling (R-1AA)Single-Family Dwelling (R-1A)Single-Family Dwelling (R-1)One- & Two-Fa mily D welling (R-2)Multiple-Family Dwelling (R-3)Mob ile Home Subdivision (RT-1)Profession al Offices & Se rvices (P-S)Neighb orhood Shop ping (C-1)Commun ity Commercial (C-2)Genera l C ommercial (C -3)
Genera l Indu stria l (I-2)Commercial (PUD )Low Density (PUD)Med ium D ensity (PUD)
Restricted Manufacturing& Ware housing (I-1)
High Density (PUD )Pu blic Use (PUD )Unclassified
Page 539 of 656
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
Page 1 of 3
CASE NUMBER: AX-09-22-27 & RZ-22-09-44
APPLICANT NAME: Winston B Moxey
PROJECT NAME: 8708 A D MIMS ROAD – HOWARD ANNEXATION
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.
I. PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager
A. Applicant/Owner
1. Owner (if different from Applicant): Leroy Howard
B. Property Location
1. General Location: South side of A. D. Mims Road, beginning approximately
160 feet west of Prairie Lake Boulevard
2. Parcel Identification Number: 10-22-28-0000-00-133
3. Street Addresses: 8708 A D Mims Road
4. Size of Parcels: 2.25 acres
C. Use Characteristics
1. Existing Use: Vacant, unwooded
2. Proposed use: Single-family residential dwellings
3. Density / Intensity: Up to 4 dwelling units per acre
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County Future Land Use: County Rural Settlement (R/S) 1/1
2. Orange County Zoning: A-1
3. Existing Ocoee Future Land Use: Low Density Residential per JPA FLUM
4. Proposed Ocoee Zoning: R-1AA
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT
1. Estimated Response Time: 5 minutes
2. Distance to Property: .8 miles
3. Fire Flow Requirements: TBD
III. POLICE DEPARTMENT
1. Police Patrol Zone / Grid / Area: 2
2. Estimated Response Time: 11 mins
3. Distance to Property: 4.5 miles
3. Average Travel Time 12 mins
Page 540 of 656
Applicant Name: Winston Moxey
Project Name: 8708 A D Mims Road – Howard Property
Annexation & Rezoning
Case #: AX-09-22-27 & RZ-22-09-44
Page 2 of 3
IV. ECONOMIC VALUE Anoch Whitfield, Zoning Manager
1. Property Appraiser Market Value: $135,000 (as vacant land in County)
2. Property Appraiser Taxable Value $121,000 (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 TJ Tomlinson, Project Manager
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No (development will need to be on septic as connection
is greater than ¼ mile)
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation Agreement Needed:
C. Other
1. Utility Easement Needed: Possibly, depending on PSP design
2. Private Lift Station Needed:
3. Well Protection Area Needed:
VII. TRANSPORTATION Anoch Whitfield, Zoning Manager
1. Paved Access: Yes – A D Mims Road
2. ROW Dedication: Possibly – as part of future subdivision
3. Traffic Study: No
4. Traffic Analysis Zone:
Page 541 of 656
Applicant Name: Winston Moxey
Project Name: 8708 A D Mims Road – Howard Property
Annexation & Rezoning
Case #: AX-09-22-27 & RZ-22-09-44
Page 3 of 3
VIII. 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 542 of 656
ORDINANCE NO. 2023-
(Annexation Ordinance for 8708 A. D. Mims Road
– Howard Property)
TAX PARCEL ID: 10-22-28-0000-00-133
CASE NO. AX-09-22-27: 8708 A. D. Mims Road – Howard 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 2.25
ACRES LOCATED AT 8708 A. D. MIMS ROAD, GENERALLY ON THE
SOUTH SIDE OF A. D. MIMS ROAD, BEGINNING APPROXIMATELY
160 FEET WEST OF PRAIRIE LAKE BOULEVARD; 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 2.25 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 and authorization 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 November 8, 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
Page 543 of 656
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 and authorizations 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.
Page 544 of 656
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 _____ day of _______________________, 2023.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS
TO FORM AND LEGALITY THIS _____ DAY
OF___________________, 2023
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED ________ AND _________
READ FIRST TIME _______________, 2022
READ SECOND TIME AND ADOPTED
________________, 2023, UNDER AGENDA
ITEM NO. ____
Page 545 of 656
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ID NO.: 10-22-28-0000-00-133
N 336 FT OF E 292.2 FT OF FOLLOWING DESC W1/4 OF NE1/4 OF SW1/4 (LESS N 30 FT
THEREOF FOR A D MIMS RD) IN SEC 10-22-28
Page 546 of 656
EXHIBIT “B”
Page 547 of 656
ORDINANCE NO. 2023-
(Rezoning Ordinance for 8708 A. D. Mims Road
– Howard Property)
TAX PARCEL ID: 10-22-28-0000-00-133
CASE NO. RZ-22-09-44: 8708 A. D. Mims Rd – Howard 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 R-1AA (SINGLE
FAMILY DWELLING DISTRICT) ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 2.25 ACRES LOCATED AT 8708 A. D.
MIMS ROAD, GENERALLY ON THE SOUTH SIDE OF A. D. MIMS
ROAD, BEGINNING APPROXIMATELY 160 FEET WEST OF PRAIRIE
LAKE BOULEVARD; 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 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
2.25 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 R-1AA; 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 November 8, 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
Page 548 of 656
City Commission find that the Rezoning requested by the Applicant to be consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on December 20, 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 2.25 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 to City of Ocoee R-1AA. 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.
Page 549 of 656
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this _____ day of ______________, 2023.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this ______ day of ______________, 2023.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
ADVERTISED _________________, 2023
READ FIRST TIME ____________, 2022.
READ SECOND TIME AND ADOPTED
______________________________, 2023.
UNDER AGENDA ITEM NO. _____
Page 550 of 656
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ID NO.: 10-22-28-0000-00-133
N 336 FT OF E 292.2 FT OF FOLLOWING DESC W1/4 OF NE1/4 OF SW1/4 (LESS N 30 FT
THEREOF FOR A D MIMS RD) IN SEC 10-22-28
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EXHIBIT “B”
Page 552 of 656
Page 553 of 656
Page 554 of 656
Date Published and Media Name
Advertisement or Article
SECOND INSERTION
CITYOFOCOEB
NOTICE OF PUBLIC %TEARING
ANNEXATIONFORTHE
8708 A. D. MIMS ROAD - HOWARD PROPERTY
CASENUMBER: AX-09-22.27
NOTICE IS HEREBY GIVEN, pursuant to Article I, Section 1-10(A)(1),'Article
Ili, Section 4-5, and Article V, Section 5-9 of the City of Ocoee Land Development
Code, that on TUESDAY, JANtTARY 17, 2023, at 6:15 p.m. or as soon thereafter
as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at
the City of Ocoee Commission Chambers,1 North Bluford Avenue, Ocoee, Florida,
to consider the Annexation for the 8708 A. D. Mims Road - Howard Property. The
property is located at 8708 A. D, Mims Road, assigned Parcel ID 0 10-22-28-0000-
00-133, and consists of approximately 2,25 acres. The property is located' on the
south side of A. D. Mims Road, beginning approximately 160 feet west of Prairie
Lake Boulevard. The applicant proposes to develop a'single-family detached sub-
division.
Pursuant to Article Y, Section5-9B, of the Land Development Code, .the Plan-
ning Director has determined that the subject property is within the Ocoee -Orange
County Joint Planning, Area (JPA) and that the requested annexation is consistent
with the Ocoee -Orange County JPA Land Use Map and the Ocoee Comprehensive
Plan, If the applicant's request for annexation is approved, the annexation will in-
corporate the property into the City of Ocoee.
AN FLORIDAANNEXING INTO
NNE
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN
REAL PROPERTIES CONTAINING APPROXIMATELY %25 ACRES LO-
CATFD AT 8708 A. D. MIMS ROAD, GENERALLY ON THE SOUTH SIDE
OF A. D. MIMS ROAD, BEGINNING APPROXIMATELY Wo FEET WEST
OF PRAIRIE LAKE BOULEVARD; FINKING SAID ANNEXATION TO BE i
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE
CITY CODE AND THE JOINT PLANNING AREA AGREEMENT, PROVID-
INGFORANDAUTHORIZINGT.HEUPDATINGOFOMCL4LCUYMAPS;
PROVIDING DIRECTION TO THE CITY, f; PROVIDING FOR SEV-
ERABILITY, REPEALING INCONSISTENT ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE.
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Interested parties may appear at the public Bearing andbe heard with respect to the
proposed action. The complete case file may be inspected at the Ocoee Development
Services Department, 1 North Bluford Avenue, Ocoee, Florida, between the hours
of 8:00 am. and 5:00 p,m., Monday through Friday, except legal holidays, The City
Commission may continue the public hearing to other dates and times, as it deems
necessary. Any interested party shall be advised that the dates, tithes, and places of
any continuation of these or continued public hearings shall be announced during
the hearings and that no further notices regarding these matters will be published.
You are advised that any person who desires to appeal any decision made during
the public hearings will need a record of the proceedings and, for this purpose, may
need to ensure that a verbatim record of the proceedings is made, which includes '.
the testimony and evidence upon which the appeal is based. Persons with disabilities
needing assistance to participate in any of the proceedings should contact the City
Clerk's Office 48 hours in advance of the meeting at (407) 905-3106.
January 5,12, 2023 23-00150W