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Home My WebLink About2023-02 Howard Property - 8708 A. D. Mims Road - RezoningORDINANCE NO.2023-02 (Rezoning Ordinance for 8708 A. D. Mims Road — Howard Property) TAX PARCEL ID: 10-22-28-0000-00-133 DOC # 20230030649 01/18/2023 14:44 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-22-09-44: 8708 A. D. Mims Rd — Howard Property Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 (CITRUS RURAL DISTRICT) TO CITY OF OCOEE R-IAA (SINGLE FAMILY DWELLING DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.25 ACRES LOCATED AT 8708 A. D. MIMS ROAD, GENERALLY ON THE SOUTH SIDE OF A. D. MIMS ROAD, BEGINNING APPROXIMATELY 160 FEET WEST OF PRAIRIE LAKE BOULEVARD; 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; AND 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 2.25 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 R-IAA; 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 the 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 November 8, 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 the 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 20230030649 Page 2 of 5 WHEREAS, on January 17, 2023, 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 2.25 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to City of Ocoee R-IAA. 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 Cleric 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 �' a y of , ttr , 2023. 20230030649 Page 3 of 5 ATTEST: Melanie Sibbitt; City, Clerk, (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this Pri *� day of ; -pg4 2023. 6ysll��l,11�� & WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA Rusty Johns ayor ADVERTISED �n �� S' , 2023 READ FIRST TIME Qrob47 &, 2022. READ SECOND TI E AND ADOPTED waa /7 2023. UNDER AGENDA ITEM NO. 20230030649 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 10-22-28-0000-00-133 N 336 FT OF E 292.2 FT OF FOLLOWING DESC W1/4 OF NE1/4 OF SW1/4 (LESS N 30 FT THEREOF FOR A D MIMS RD) IN SEC 10-22-28 20230030649 Page 5 of 5 EXHIBIT "B" �MA �� / ■■Ili ';1,;1,,11 lj � ■� �' HIM Hus r ■ -lilil j� �/� f�rltlltQ. � w� a w► � - r �r. ■ -� m • MINI .W$ F5UZI 1��. ■ 11 �111 ��1sQ�-11 1 - • �IN �1QUriiN' :EL -ILIX- aw IHo 11■■ 1 1 1 UNION Il Qr 111[ :u [ RIM 1111gp � 11HaMIDlI1 111 11 1 No �I■ :. as a 1 ■I �! 111 111 ��w .1� ff '� 11I�� ■!!!■Glib-l��W`Q � ��I� Af