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Home My WebLink AboutOrdinance 2009-005 Rezoning for 529 Ocoee-Apopka Road I -~ DOC I 20090175183 B: 9848 P: 5579 03/25/2009 01:02:07 PM Page 1 of 5 Rec Fee: $44.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE ORDINANCE NO. 2009-005 (Rezoning Ordinance for 529 Ocoee-Apopka Road) III' ~Hfjro,~~~,~~I~I' "' TAX PARCEL ID #s 18-22-28-0000-00-083; CASE NO. RZ-08-07-05: 529 OCOEE-APOPKA ROAD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE C-l, "NEIGHBORHOOD SHOPPING" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 0.91 ACRES LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA ROAD AND APPROXIMA TEL Y 1790 FEET NORTH OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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 contammg approximately 0.91 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agricultural" to Ocoee C-l, "Neighborhood Shopping;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JP A Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City has the authority to establish zoning for the real property hereinafter described and to exercise municipal jurisdiction over said real property for the PUrp0"'PC;: ...f P::lrt TT of f:hanter 163. Florida Statutes' and DOC I 20090200973 B: 9854 P: 6843 , 04/07/2009 12:18:04 PM Page 1 of 5 Rec Fee: $44.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE ORLA_1199971.2 11/1 ~~~~~i~/~I~II III WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on I="'~I~I IU, 2009, 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 requested by the Applicant 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 finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on ---f'{\A r (. II 17. 2009 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 0.91 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agricultural" to Ocoee C-l, "Neighborhood Shopping." SECTION 3. MAP. A map of said land herein described, which clearly shows the area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the JP A Agreement. SECTION 5. 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 Chapter 180 of the Ocoee City Code. SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 ORLA_1199971.2 SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this \l day oft'V\afch ,2009. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FO A LEGALITY THIS 17 DAY OF ,2009 FOLEY By: ORLA_1199971.2 APPROVED: CITY OF OCOEE, FLORIDA S' Sff- V~c. S. Scott Vandergrift, Mayor' ADVERTISED AAa.:rch 1,2009 READ FIRST TIME Mrq.(' h ~ ,2009. REtft SEC~ND TIME AND ADOPTED tl,rC 17 ,2009 UNDER AGENDA ITEM NO. =----\2.h-- 3 EXHIBIT "A" [Legal Description] From the North 'i4 comer of Section 18, Township 22 South, Range 28 east, run South along the 'i4 Section line 385.04 feet for a Point of Beginning, run thence S 8T 19' E 202.25 feet; thence S 2041' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2041' W 157.09 feet; thence S 89035' 30" W 234.10 feet to the 1/4 Section line; thence North 203.73 feet to the Point of Beginning less the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the public records of Orange County Florida). 4 ORLA_1199971.2 l ~ TT a.. 1 \ EXHIBIT "B" 529 Ocoee-Apopka Road Location Map ~ ~~ ) 19 ~ ~ g ~,BIL~ ~ ~ ~ c ~ ~ ~~ ~ C IT' ~ ,"<:b L 6) ORLA_1199971.2 L--- ~-...~. = c- .::: - I- r-- _ -. --- -~ - -IL' /- ~OEJ ,-----, 5 l \ e-- ~ ~ - > -L-.J ;:::; -I-s:: I/h "-~ ~ 1>10- T "" .... I--!,--H '~~ r U rY~ ~~-Ic - -Ie ~~ln Yll