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HomeMy WebLinkAbout2024-23 338 N. Bluford Ave RezoningDOC # 20240358337 06/19/2024 12:59 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2024-23 Phil Diamond, Comptroller Orange County, FL (Rezoning Ordinance — 338 N. Bluford Ave) Ret To: CSC INC TAX PARCEL ID: 18-22-28-4100-00-131 CASE NO. RZ-24-03-04: 338 N. Bluford Ave AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1AA (SINGLE-FAMILY DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.44 ACRES LOCATED AT 338 N. BLUFORD AVE, ON THE WEST SIDE OF N. BLUFORD AVE., APPROXIMATELY 334 FEET NORTH OF E. SILVER STAR RD.; FINDING SAID 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 properties 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 properties containing approximately 0.44 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from R-1AA (Single -Family Dwelling District) to C-2 (Community Commercial District); 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 May 14, 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 City Commission find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on June 18, 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 Properties described in Exhibit "A" containing approximately 0.44 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-IAA (Single Family Dwelling District) to C-2 (Community Commercial 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 lands 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 S. 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 day of —1—joe'' 2024. APPROVE D: Rusty JAu" n,,,,"Myor ADVERTISED (J t (P '2024 U —h READ FIRST TIME n biff 2024. READ SEC ND TIME AND ADOPTED tffit 19 2024. UNDER AGENDA ITEM NO. '111 111 J 1 1111114 ii! i: 1,1111, 111 10-11i, U1T7'411F'-i1TC1#FE TO FORMI ND LEGALITY A this By: -74 Cr t LEGAL DESCRIPTION THE EAST 154.00 FEET OF LOT 13 & LOT 14, RUBEN KEGLERS SUB A/ 118