HomeMy WebLinkAbout2022-09 429 Business Center Phase II - RezoningDOC # 20220318259
05/19/2022 10:45 AM Page 1 of 5
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ORDINANCE NO.2022-09 Phil Diamond, Comptroller
Orange County, FL
(Rezoning Ordinance for 429 Business Center Phase II) Ret To: CSC INC
TAX PARCEL ID#: 18-22-28-0000-00-005,18-22-28-0000-00-106 & 18-22-28-0000-00-105
CASE NO. RZ-22-02-34: 429 Business Center Phase II Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM SINGLE FAMILY DWELLING
DISTRICT (R-IA) TO LIGHT MANUFACTURING AND WAREHOUSING
DISTRICT (I-1) FOR CERTAIN REAL PROPERTIES CONTAINING
APPROXIMATELY 5.58 ACRES LOCATED ON THE EAST SIDE OF
PINE STREET BEGINNING APPROXIMATELY 462 FEET NORTH OF
PALM DRIVE AT 701, 707, AND 711 PINE STREET; 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 properties (the "Subject
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 Subject Property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real Subject Property containing
approximately 5.58 acres, more particularly described in Exhibit "A" and depicted in Exhibit
"B" from R-1 A to I-1; 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 Tuesday, April 12, 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 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 Subject 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
20220318259 Page 2 of 5
WHEREAS, on Tuesday, May 17, 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 Subject Property described in Exhibit "A" containing approximately 5.58 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-IA to
I-1. 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 Cleric 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 / Jod/ay of , 2022.
20220318259 Page 3 of 5
ATTEST: .
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this 1114 day of h^ , 2022.
SHUFFIELD LOWMAN & ILSON, P.A.
By:
City A e
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty 4Johnn, ayor
ADVERTISED jjtVIUIV' ii J6, 2022
READ FIRST TIME , 2022.
READ SECOND TIME ANb ADOPTED
'4 ��% 32022.
UNDER'-Au�ENDA ITEM NO. &
20220318259 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel ID# 18-22-28-0000-00-005, addressed at 701 Pine Street;
Parcel ID# 18-22-28-0000-00-106, addressed at 707 Pine Street; and
Parcel ID# 18-22-28-0000-00-105, addressed at 711 Pine Street, as further described below:
North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 and South 1/2 of Northwest 1/4 of
Northeast 1/4 of Northwest 1/4 of Section 18-22-28, Orange County, Florida (LESS West 448 feet
of South 100 feet of North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 of section 18-
22-28, and LESS the land lying East of center line of the ditch survey line described as follows:
Commence on East line of Northwest 1/4 of section at a point 343.60 feet North of the Southeast
corner thereof and run South 89°02'48" West 55.17 feet; thence run North 51 °44' 12" West 996.47
feet; thence run North 0°57'42" West 298.7 feet; thence run North 0°30'18" East 290.02 feet;
thence run North 0°46'42" West 255.38 feet; thence run North 07'33'18" East 318.92 feet; thence
run North 04°59"18" East 149.98 feet; thence run North 13°21'18" East 152.42 feet; thence run
North 02018'42" West 150.80 feet to the North line of said Section 18.)
Also LESS the South 20.00 feet of the West 449.00 feet of the above described parcel.
Also LESS that portion conveyed to the City of Ocoee by Special Warranty Deed recorded in
Instrument Number #20200486135, Public Records of Orange County, Florida.
20220318259 Page 5 of 5
EXHIBIT "B"
429 Business Center Phase II
Location Map
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