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HomeMy WebLinkAbout2021-061 Arya Offices - 868 Roberson Rd. - RezoningORDINANCE NO.2021-061 (Rezoning Ordinance for Arya Offices) TAX PARCEL ID: 31-22-28-0000-00-005 DOC # 20210676756 11/03/2021 15:07 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-21-07-27: 868 Roberson Road — Aiya Offices Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM SINGLE-FAMILY DWELLING (R-1AA) TO PROFESSIONAL OFFICES AND SERVICES (P-S) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.94 ACRES LOCATED ON THE NORTH SIDE OF ROBERSON ROAD, APPROXIMATELY 627 FEET EAST OF THE TOMYN BOULEVARD (WINDERMERE, ROAD) AND ROBERSON ROAD ROUND -ABOUT, 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 1.94 acres, more particularly described in Exhibit "A" and depicted in Exhibit `B" from R-1AA to P-S; 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 said 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 October 12, 2021, the Planning and Zoning Commission held a public Bearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that said 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 find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and 20210676756 Page 2 of 5 WHEREAS, on November 2, 2021, the Ocoee City Connmissioin 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 1.94 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from. R-1 AA to P-S. 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this., ay of , 2021. 20210676756 Page 3 of 5 ATTEST: I+ OR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGAITY this day of _ _ CW • , 2021. SHUF FIELD LOWMAN 8j 7LSON, P.A. By. city APPROVED: CITY OF OCOEE, FLORIDA Rusty kluiso ayor ADVERTISED ,+bpi/ c/ , 2021 READ FIRST 'TIME , 2021. READ SECOND TIME AND ADOPTED &02� ca? _ )2021, UNDER AGENDA ITEM NO. L, 20210676756 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION S 17 1/2 ACRES OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS PT TAKEN FOR R/W ON S PER OR 5093/2636) OF SEC 31-22-28 & (LESS COMM AT THE SW CORNER OF THE SW 1/4 OF THE NW 1/4 SEC 31-22-28 TH N89-35-56E 1321.84 FT TH N00-09-08W 30 FT TH S89-35-56W 640 FT TO THE POB TH N00-09- 28W 400.11 FT TH S89-59-38E 368.32 FT TH N08-36-00E 15.36 FT TH N00-37-13E 712.4 FT TH S89- 35-56W 398.15 FT TH S00-09-18E 1125 FT TH N89-35-56E 20 FT TO THE POB PER DOC# 20160085380) 20210676756 Page 5 of 5 EXHIBIT "B" LOCATION MAP