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Home My WebLink About2020-004 Comfort Inn/MainStay Suites - 11401 W. Colonial Drive - RezoningTAX PARCEL ID: 19-22-28-0000-00-007 CASE NO. RZ-19-11-13: Comfort Inn/MainStay Suites —11401 W. Colonial Drive Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-2, "GENERAL COMMERCIAL" TO CITY OF OCOEE C-2, "COMMUNITY COMMERCIAL" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 1.21 ACRES LOCATED ON THE NORTH SIDE OF COLONIAL DRIVE, SOUTH AND EAST SIDE OF MARSHALL FARMS ROAD AND WEST OF MAGUIRE ROAD, 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 +/- 1.21 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" C-2 to "City of Ocoee" C-2; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances 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 requested by the Applicant 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 study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on December 10, 2019, 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 requested by the Applicant is consistent with the Ocoee DOC # 20200047674 01/23/2020 12:03 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO. 2020-004 Phil Diamond, Comptroller (Rezoning Ordinance for Comfort Inn/MainStay Suites — orange County, FL 11401 W. Colonial Drive) Ret To: CSC INC TAX PARCEL ID: 19-22-28-0000-00-007 CASE NO. RZ-19-11-13: Comfort Inn/MainStay Suites —11401 W. Colonial Drive Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-2, "GENERAL COMMERCIAL" TO CITY OF OCOEE C-2, "COMMUNITY COMMERCIAL" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 1.21 ACRES LOCATED ON THE NORTH SIDE OF COLONIAL DRIVE, SOUTH AND EAST SIDE OF MARSHALL FARMS ROAD AND WEST OF MAGUIRE ROAD, 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 +/- 1.21 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" C-2 to "City of Ocoee" C-2; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances 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 requested by the Applicant 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 study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on December 10, 2019, 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 requested by the Applicant is consistent with the Ocoee 20200047674 Page 2 of 5 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 is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on January 21, 2020, 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 +/- 1.21 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County" C-2 to "City of Ocoee" C-2. 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 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 Chapter 180 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. NA 20200047674 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 ,-_ay of JdZ7UzZW, 2020. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibi5rtt, City Clerk Rusty Jo on, Mayor " (SEAL) or ��f,�' .?Y".�LM�,4?••S�'+I� .JAM' tRCv � �1 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 2A5-' day of J-PoJ . , 2020. SHUFFIELD LOWMAN & WILSON, P.A. By: City A me ADVERTISED 1? , 2020 READ FIRST TIME , 2020. READ SECOND TIME AND ADOPTED �-r:1i��i z1 0?�_ , 2020. UNDER AGtNDA ITEM NO. 20200047674 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION E 105 FT OF W 474 FT OF S 578 FT OF SW1/4 OF SE1/4 (LESS ST RD ON S) OF SEC 19- 22-28, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA IH 20200047674 Page 5 of 5