HomeMy WebLinkAbout2024-02 Chinapen Property RezoningDOC # 20240040908
01/23/2024 09:14 AM Page 1 of 5
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ORDINANCE NO.2024-02 Phil Diamond, Comptroller
(RezoningOrdinance for China en Property) Orange County, FL
p p �) Ret To: CSC INC
TAX PARCEL ID: 18-22-28-0000-00-109
CASE NO. RZ-23-09-09: Chinapen Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM R-IA (SINGLE FAMILY
DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL
DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.65 ACRES LOCATED ON THE NORTH SIDE OF
PALM DRIVE, APPROXIMATELY 160 FEET WEST OF THE PINE
STREET AND PALM DRIVE INTERSECTION; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; PREVAILING IN THE EVENT OF ANY
INCONSISTENCY; 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
1.65 acres, more particularly described in Exhibit "A" attached hereto and by this reference made
a part hereof, from R-1 A to C-2; 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 7, 2023, 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
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WHEREAS, on January 16, 2024, 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 1.65 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-IA to 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 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. This ordinance prevails in the
event of any inconsistency with all ordinances or parts of ordinances in conflict herewith.
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 _I Q`� day of Af\LA UoA 2024.
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20240040908 Page 3 of 5
ATTEST:
Wi`ibbtt,I'Clerk
k(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this 16" day of , 2024.
FIS K DOMINICK
By:
(2" , --) � r(!��
City Attorney
5 Ge(CP✓
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnso or
ADVERTISED W"cm k -1 , 2024
READ FIRST TIME i�4 R,mYJIr S ,
2023.
READ SECOND TIME AND ADOPTED
�G`�Uo,tL_ \�-2_ _ _ , 2024.
UNDER AGENDA ITEM NO. 1 3
20240040908 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 18-22-28-0000-00-109
COMM AT SE COR OF NW1/4 OF NW1/4 OF SEC 18 RUN N00-09-10E 29.4 FT TH 589-08-20W 20 FT
TH CONT S89-08-20W 157.01 FT FOR POB TH CONT S89-08-20W 279.39 FT TH N00-09-10E 256.9 FT
TH N89-08-20E 279.39 FT TH 500-09-10W 256.9 FT TO POB IN SEC 18-22-28
20240040908 Page 5 of 5
EXHIBIT "B"
Chinapen Property - Comprehensive Plan Amendment &
Rezoning Location Map
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