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Home My WebLink AboutOrdinance 2007-013 Rezoning FDOT Surplus Parcel 11111111111111111111111111111111111111 ORDINANCE NO. 2007-013 (Rezoning Ordinance for FDOT Surplus Parcel) INSTR 20070407491 OR BK 09314 PG 3372 PGS=S "ARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 06/21/2007 02:11:03 PM REC FEE 44.08 TAX PARCEL ID #s 21-22-28-0000-00-008 CASE NO. RZ-07-01-04: FDOT Surplus Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE C-2, "COMMUNITY COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED NORTH OF AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND APPROXIMATELY 1,280 FEET EAST OF BLACKWOOD AVENUE 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 or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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 1.95 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee C-2, "Community Commercial;" 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 Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and ORLA_443199.1 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 April 10, 2007 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 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 is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2007 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 1.95 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee C-2, "Community Commercial." A map of said land herein described which clearly shows the area of 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 ofOcoee 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 2 ORLA_ 443199,1 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this \C~ day of (y, c'--) ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ,~ .... "-'--'-'~'~~~" ,,", J~:'_ ..c:-~'" r ,_ i '" J. ~ ..,~ 1-4,...1t'.: ~\. / , JeL,',- \,(\) /'1:\,..~"" \(' ^-- \. ~1IJIJ- ~ Belli Eikenberry, City Clerk ' (SEAL) ADVERTISED f'\\L~(.,(3 <\ \ 0 ,2007 READ FIRST TIME ~ l~ \ l , 2007. READ SECOND TIME AND ADOPTED ('<\;~ l5 ,2007. Under AgenJa Item Nb. ,'~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO F9RM AND I#PALITY This 15 dayof /Vlct7 ,2007. FOLEY&wm~R~ By: 11~ ~ City Attorney 3 ORLA_ 443199.1 Exhibit "A" Parcell (also known as Borrow Pit No.2) as shown on the Final Judgment entered in the Order of Take Ledger, Law No. 37747 dated 01/25/1960, also shown on State Road Department Right- of-Way Map, Section No. 75050-2501 dated 05/01/1959. A parcel of land in the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 22 South, Range 28 East; Described as follows: Commence at the Southwest comer of said Section 21, and run thence North 00033' West, 353.57 feet for a POINT OF BEGINNING; from said point of beginning continue North 00033' West, 300 feet; thence North 89027' East, 170 feet; thence South 23059' East, 326.9 feet; thence South 89027' West, 300 feet to the POINT OF BEGINNING, containing 1.622 acres, more or less. Also, Haul Road for Barrow Pit No, 2 The West 50 feet of the North 285 feet of the south 353.57 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 21, containing 0.328 acres, more or less. 4 ORLA_ 443199.1 Exhibit "B" - FOOT Surplus Property Annexation and Rezoning Location Map ~ ~ 11)= - ::/ ~ Fnll: ~ I...,,.. >= - U I~ - -i - ,~, ~ GE NEVA ~ ;;;;; !-- - ~n~1 I I , I @ I U I lolvsloN <= I\~ ~~= I I I --- ~I \ iJ ~ L-l( \ %~ 1- R f"F - I~l 1F ~ ~'\:::~~ ~ 8111 ~ '=='i~ ---- ----- o(W'\:'-1d/:\ - - ~D I \ ~fl~ ~ 1\ ( I LJ ( SED~L1~ = z( (~ ~ <;:: =treJ ~ IIII I ::c d I-: 1I1J~ ~ ~ ~ L-..J / 0:: co (PR( )VO Sl ::::;::: 0 cir~ f--- - <..:> 1 <( ~I ...., -(- - ,I r -:rlTr SR 50 ~... I V ~ r-- I 000000 00 0 ~J) o 00 o 0 '---c o 0 o 0 <6 0 -,,;:; o 00 00 0 a 000000 ~ z I~ 0 en ~R()\I1= ~~ ..... ~ r!Jli ~ ij \ r---~ r~r'\.,,.., 0:: 0 D1rti VfU, I []5!j ~ I r--- ~ ~ n,--O