HomeMy WebLinkAbout2021-006 West Orange Park Properties - 2100 West Road - RezoningDOC # 20210362907
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ORDINANCE NO.2021-006 Phil Diamond, Comptroller
(Rezoning Ordinance for West Orange Park Properties VII LLC Orange County, FL
--2100 West Road) RetTo: CSC INC
TAX PARCEL ID: 06-22-28-0000-00-048
CASE NO. RZ-21-03-03: West Orange Park Properties VII LLC -- 2100 West Road
Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"RURAL/AGRICULTURAL" TO CITY OF OCOEE C-2, "COMMUNITY
COMMERCIAL" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 3.08 ACRES LOCATED ON WEST ROAD
APPROXIMATELY 850 FEET EAST OF OCOEE APOPKA 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
+/- 3.08 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" 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 May 11, 2021, 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 find that the Rezoning requested by the Applicant
is consistent with the Ocoee Comprehensive Plan; and
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WHEREAS, on June 15, 2021, 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 +/- 3.08 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed froze. "Orange County"
A-1 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.
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SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2021.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this I S'T)+day of, gyp-- - , 2021.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnh)q, Mayor
ADVERTISED ,heOZ .3 , 2021
READ FIRST TIME , 2021.
READ SECOND TIME ANb ADOPTED
}-wp /6- 52021.
UNDER AGENDA ITEM NO. jVL
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EXHIBIT "A"
LEGAL DESCRIPTION
THE WEST 210 FEET OF THE EAST 489.40 FEET OF THE WEST 895.96 FEET OF THE
NW'/A OF SE V4 OF SECTION 6,TOWNSHIP 22, RANGE 28 EAST LESS ROAD RIGHT OF
WAY AND LESS RAILROAD R/W.
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EXHIBIT "B"
Exhibit B
Location Map
Fullers.- oad