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Home My WebLink About2011-005 Rezoning 529 Ocoee-Apopka Road • DOCN 20110257701 B: 10214 P: 3 386 05/16/2011 09:06:50 AM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller FL MB ORDINANCE NO. 2011-005 (Rezoning Ordinance for 529 Ocoee - Apopka Road) 1111 TAX PARCEL ID # 18- 22 -28- 0000 -00 -007 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 -1, "GENERAL AGRICULTURE" TO OCOEE C -1, "NEIGHBORHOOD SHOPPING" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.93 ACRE LOCATED EAST OF AND ADJACENT TO OCOEE - APOPKA ROAD AND APPROXIMATELY 1750 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 containing approximately 0.93 acre, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A -1, "General Agricultural" to Ocoee C -1, "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 "JPA Agreement "); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA 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 purposes of Part II of Chapter 163, Florida Statutes; and 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 March 8, 2011, 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 t 2011, the Ocoee City Commission held a de novo advertised public hearing with respeci to th 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 0.93 acre located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -1, "General Agricultural" to Ocoee C -1, "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 JPA 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 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 `a day of 1=A p K , \ , 2011. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Sr E jokr ' (fin SGT Be ikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVIp AS TO FORM A D LEGALITY THIS r� ADVERTISED f1 \ \ , 2011 DAY OF f/ , 2011 READ FIRST TIME Av ‘ 5 , 2011. READ SECOND TIME AND ADOPTED FOLEY & LA ' 1 NER LLP PV" ti, \ \q , 2011 UNDER i AGENDA ITEM NO. g b B y :c SAC,! City Attorney 3 EXHIBIT "A" [Legal Description] A portion of the Northwest 1 /4 of the Northeast 1 /4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida. Being more particularly described as follows: Commence at the Northwest corner of the Northeast 1 /4 of said Section 18; thence run due South, along the West line of the Northeast 1 /4 of said Section 18 for 588.80 feet; thence run N 89 °35'30" E for 28.65 feet to the Point of Beginning, on the East right -of -way line of State Road 437; thence run N 89 °35'30" E for 205.62 feet; thence run S 2 °41'00" W for 202.78 feet to a point of intersection with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the Northwest 1 /4 of the Northeast 1 /4 of said Section 18; thence run N 89 °59'49" W along said line 196.33 feet to the East right -of -way line of State Road No. 437; thence run N 0 °03'39" E for 201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records of Orange County, Florida) 4 EXHIBIT "B" 529 Ocoee - Apopka Road Location Map L - i 1 �i �lk i / r l i / 1L r Nt it CC �� Ci-- r'^ IL - � �4 V,J' y -- _ - 0 Ill // J int BM it a � � • i ',. \ nu lilt& 4 44 a 'mg -...„...\q").N • ii , ',. V ill!" 1E3 ari --, 0 Siwer Star 111 f r 5