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HomeMy WebLinkAbout2024-08 Mansour Property RezoningDOC # 20240137418 03/08/2024 08:48 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2024-08 Phil Diamond, Comptroller (Rezoning Ordinance for Mansour Property) Orange County, FL ( g p tY) Ret To: CSC INC TAX PARCEL ID: 18-22-28-3116-02-140 CASE NO. RZ-23-12-11: Mansour Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1 (SINGLE FAMILY DISTRICT TO C-2 (COMMUNITY COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.28 ACRES LOCATED AT ON THE SOUTH SIDE OF WEST SILVER STAR ROAD, BEGINNING APPROXIMATELY 181 FEET EAST OF THE OCOEE APOPKA ROAD AT WEST SILVER STAR ROAD INTERSECTION, AND ASSIGNED PARCEL IDENTIFICATION NUMBER 18-22-28-3116-02-140; 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 0.28 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from R-1 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 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 20240137418 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 0.28 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1 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 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. 20240137418 Page 3 of 5 SECTION 7. EFFECTIVE DAT days after its passage and adoption. This Ordinance shall become effective ten (10) PASSED AND ADOPTED this day of Mom\ , 2024. ATTEST: Melanie•S,ibi , City 0 (SEAL) . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORT AND LEGALITY this _ day of , 2024. FISHJIA,CK DOMINICK By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, M ADVERTISED Ft hr!/Gr(j Da , 2024 READ FIRST TIME F c) 2024. READ SECOND TIME AND ADOPTED M 0.CUn S , 2024. UNDER AGENDA ITEM NO.J\.Q_ 20240137418 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 18-22-28-3116-02-140 GRACE PARK M/8 LOTS 14 & 15 BLK B 20240137418 Page 5 of 5 EXHIBIT "B" Mansour Property Rezoning Location Map 000 40 "Ol WN %-'ivEpr Star 1�11 Le t VI Fraw [kh U r e