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Home My WebLink About2023-07 Surujlall Property - 911 Marshall Farms Road - RezoningORDINANCE NO.2023-07 (Rezoning Ordinance for 911 Marshall Farms Road - Surujlall Property) TAX PARCEL ID: 19-22-28-0000-00-011 DOC # 20230223648 04/20/2023 09:29 AM 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-23-01-01: 911 Marshall Farms Road — Surujlall 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 C-2 (COMMUNITY COMMERCIAL DISTRICT) AND UNCLASSIFIED DISTRICT ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.22 ACRES LOCATED AT 911 MARSHALL FARMS ROAD ON THE EAST SIDE OF MARSHALL FARMS ROAD, BEGINNING APPROXIMATELY 1,040 FEET NORTH OF STATE ROAD 50 AND ASSIGNED PARCEL ID NUMBER 19-22-28-0000-00-011, 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; 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 2.22 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District) and Unclassified District; and WHEREAS, pursuant to Section 5-9(B), 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 February 14, 2023, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive 20230223648 Page 2 of 5 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 the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on April 18, 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 2.22 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District) and Unclassified District. 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. 20230223648 Page 3 of 5 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED thisday of �"�' , 2023. a ATTEST: APPROVED: CITY OF OCOEE, FLORIDA h� 1 Melanie Sibbitt,,City Clerk Rusty Jo s Mayor (SEAL) ADVERTISED , 2023 READ FIRST TI�`� a/ , 2023. READ SECOND TIME AND ADOPTED ,BPI-% / 17 , 2023. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this bs�'� day of A�PP AL- , 2023. SHUFFIELD LOWMQN & WILSON, P.A. By: S city 20230223648 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 19-22-28-0000-00-011 COMM NW COR OR SW1/4 OF SE1/4 OF SEC 19-22-28 TH S89-19-51E 943.24 FT TO ELY R/W MARSHALL FARMS RD TH S43-37-32W 506.64 FT FOR POB TH CONT S43-37-32W 135 FT S89-19-51 E 869.99 FT N42-57-17E 133.55 FT N89-19-51 W 867.85 FT TO POB 20230223648 Page 5 of 5 EXHIBIT "B" LOCATION MAP 911 Marshall Farms Road Location Map gene tr St Y— Raad— — 0 PREPARED BY AND RETURN TO: SCOTT COOKSON SHUFFIELD, LOWMAN & WILSON, P.A. 1000 Legion Place, Suite 1700 Orlando, FL 32801 DOC # 20230291489 05/23/2023 11:24 AM Page 1 of Rec Fee: $10.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC NOTICE OF OTHER MINOR ERROR IN PREVIOUSLY RECORDED INSTRUMENT DOC #20230223648 (RECORDED APRIL 20, 2023) STATE OF FLORIDA COUNTY OF ORANGE Before me, the undersigned authority, personally appeared Melanie Sibbitt, City of Ocoee City Clerk (the "Affiant"), who, after being by me first duly sworn, deposes and says as follows: 1. That Affiant is the City Cleric for the City of Ocoee. 2. Affiant has personal knowledge of the approval of the rezoning Ordinance No. 2023-07 for the property located at 911 Marshall Farms Road, assigned parcel identification number 19-22-28-0000-00- 011 (the Subject Property), in a public hearing held on April 18, 2023, and is more particularly described in document number 20230223648, Public Records of Orange County, Florida, and that such approval was subject to a condition of approval which states as follows: The C-2 zoning classification is limited to only that front portion of the Subject Property (approximately 325 feet from the west property line) that is outside of the designated Conservation Area and the remainder of the Subject Property will be classified as Unclassified in order to protect the designated Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the Comprehensive Plan and Figure 3a of the Wekiva Study Area Requirements. 3. This Affidavit is prepared, executed, and recorded for the purpose of clarifying that portion of the Subject Property rezoned from Orange County A-1 to City C-2 and that remaining portion of the Subject Property rezoned from Orange County A-1 to City Unclassified and to give notice that rezoning was approved as a part of the City Commission action on April 18, 2023. r of This day of May, 2023. Melanie Sibbitt, City Cleric The foregoing instrument was executed, sworn a)d acknowledged before me, by means of physical presence or ❑ online notarization, this �? ay of May, 2023, by Melanie Sibbitt, City Clerk, who is personally known to me. Signature of Notary Public (SEAL) KATHERINE A. HEARD MY COMMISSION # HH2O0183 3 "POPE°°'° EXPIRES: November 18, 2025 c•,:\th�SiQNAAi1"-A!'tl4J!/'<F�IIR�FIf/1A: Li'+d` c Name of Notary Public (Typed, Printed or stamped)