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Home My WebLink About2024-04 440 Ocoee Apopka Rd - Parrinello Property RezoningORDINANCE NO. 2024-04 (Rezoning Ordinance for 440 Ocoee Apopka Road — Parrinello Property) TAX PARCEL ID: 18-22-28-0000-00-002 DOC # 20240137315 03/08/2024 08:34 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-23-10-10: 440 Ocoee Apopka Road — Parrinello Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-2 (FARMLAND RURAL DISTRICT) TO CITY OF OCOEE C-3 (GENERAL COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.51 ACRES LOCATED AT 440 OCOEE APOPKA ROAD BEGINNING 1,800 FEET NORTH OF THE PALM DRIVE AT OCOEE APOPKA ROAD 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 0.51 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-2 to City of Ocoee C-3; 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 February 13, 2024, 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 20240137315 Page 2 of 5 City Commission find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on March 5, 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 0.51 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-2 to City of Ocoee C-3. 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. 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. 20240137315 Page 3 of 5 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of tA-. ay--f , 2024. ATTEST: .'Me1We Sibbfl%i0 y �,jgrk APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson Ma or 01 (SBAL) ADVERTISED khruar, Qa 2024 READ FIRST TIME r , 2024. READ SECOND TIME AND ADOPTED m(` so-\ , 2024. UNDER AGENDA ITEM NO. \5, FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 54 day of ,r , 2024. FISH K DOMINICK By: -) A '2P Ci Attorney cZ j1'ku,'k S . GC'6 20240137315 Page 4 of 5 EXHIBIT "A" I1xeL\0»We] 71m1101►1 PARCEL ID NO.: 18-22-28-0000-00-002 BEG 958.98 FT S OF N1/4 COR OF SEC RUNS 110 FT W 228 FT N 110 FT E 228 FT TO POB (LESS E 30 FT RD R/W) IN SEC 18-22-28 20240137315 Page 5 of 5 EXHIBIT "B" 444 Ocoee Apopka Road - Annexation & Rezoning Location Map 1 - oa - r f ) iver- oaf- 9 -