HomeMy WebLinkAboutOrdinance 2009-032 Shoppes at the Village Rezoning ORDINANCE NO. 2009-032
(Rezoning Ordinance for Shoppes at the Village)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
OCOEE "R -1 -AA" ZONING, SINGLE FAMILY DWELLING
DISTRICT TO OCOEE "C -2" ZONING, COMMUNITY
COMMERCIAL DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMATELY 0.911
ACRES LOCATED NORTH OF AND ADJACENT TO
SILVER STAR ROAD AND WEST OF AND ADJACENT TO
BLUFORD AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN AND THE OCOEE CITY CODE
AS OF THE ADOPTION DATE OF THIS ORDINANCE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner ") 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 to Ocoee "PUD," Planned Unit Development District (the "Zoning ");
WHEREAS, pursuant to Section 5 -9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code "), the Planning Director has reviewed said
application and determined that, subject to the Shoppes at the Village Comprehensive Plan
Amendment Ordinance (as defined and described in Section 9 hereof) becoming effective, the
Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as
set forth in Ordinance No. 91 -28, adopted September 18, 1991, as amended (the "Ocoee
DOCa 20100634987 B: 10127 P: 9352
Plan;
Comprehensive " 11/02/2010 10:38:01 AM Page 1 of 7
l� ) Rec Fee: $61.00
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: OCOEE
111
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WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee ( "PZC ");
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning shall be consistent with the Ocoee Comprehensive Plan as amended by the Shoppes at the
Village Comprehensive Plan Amendment Ordinance and is in the best interest of the City and has
recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with
the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 0.911 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee "R -1 -AA"
Zoning, Family Dwelling District to "C -2" Zoning Community Commercial District with such
change becoming effective upon the effective date of this Ordinance as provided in Section 9
below:
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See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit `B" and by this reference is made a part hereof.
SECTION 5. Official Zoning Map. At such time as this Ordinance becomes
effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the
Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this
Ordinance and the Mayor and City Clerk are 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. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance shall be consistent with the Ocoee Comprehensive upon the
Shoppes at the Village Comprehensive Plan Amendment Ordinance becoming effective.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8. 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 9. Effective Date. Prior to the public hearing on this Ordinance, the
City Commission has passed Ordinance No. 2009 -035 amending the Ocoee Comprehensive Plan to
change the future land use designation of the Property from "Low Density Residential" to
ORLA_1455357.1 -3-
"Commercial" (the "Shoppes at the Village Comprehensive Plan Amendment Ordinance ").
However, pursuant to Sections 7 and 8 of the Shoppes at the Village Comprehensive Plan
Amendment Ordinance, such ordinance has a deferred adoption date and a deferred effective date.
The Shoppes at the Village Comprehensive Plan Amendment Ordinance being adopted and
becoming effective is a condition precedent to this Ordinance being adopted and becoming
effective in order for this Ordinance to be consistent with the Ocoee Comprehensive Plan.
Accordingly, this Ordinance shall not be considered as adopted until such condition precedent is
satisfied. The adoption date and effective date of this Ordinance shall be the date on which the
Shoppes at the Village Comprehensive Plan Amendment Ordinance becomes effective. At such
time as the Shoppes at the Village Comprehensive Plan Amendment Ordinance becomes effective,
the City Clerk shall insert such date in this Ordinance as the adoption date of this Ordinance.
ORLA 1455357.1 -4-
PASSED this t day of \y„CbIYA Je , 2009.
ADOPTED this a\ day of S Orx-r. r , 20 to .
ATTEST: CITY OF OCOEE, FLORIDA
1 _ 2#10 i. _ I.. _
Bet ikenberry, City Clerk . con Vandergrift, Mayor
(SEAL)
ADVERTISED N e_ - it 14 ,apcA
READ FIRST TIME tQevc'v^nbcrr f,3c R
READ SECOND TIME AND PASSED ON
- Der ea\- bey- i , 2009
Under Agenda Item No i b
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY
this de day of At , 20,89.
FOLEY LA' 1 NER LLP
By: V
Assist. ,A ity Attorney
ORLA_1455356.1
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 16, Ruben Kegler's Subdivision, according to the Nat thereof as recorded
in Plat Book "A ", Page 118, Public Records of Orange County, Florida. In
Section 18, Township 22 South, Range 28 East, (and Less that certain portion
of land as recorded in Official Records Book 3946, Page 3881 for Road Right
of Way).
ORLA 1455357.1 -6-
EXHIBIT "B"
Shoppes at the Village
Location Map
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