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Home My WebLink About2013-024 Strickland LLC Property - RezoningORDINANCE NO. 2013-024 (Rezoning Ordinance For Strickland LLC Parcel) TAX PARCEL ID # 18- 22 -28- 0000 -00 -062; DOC# 20130540265 B: 10647 P: 4888 10/09/2013 11:09:45 AM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller Orange County FL MB - Ret To: U COEE 11119��rI��,G�,�'�0II II CASE NO. RZ- 13- 07 -06: Strickland LLC Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -IA, "LOW DENSITY RESIDENTIAL" TO OCOEE C -2 "COMMUNITY COMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.50 ACRES LOCATED ON THE NORTH SIDE OF W SILVER STAR ROAD, APPROXIMATELY 400 FEET EAST OF THE INTERSECTION OF OCOEE APOPKA ROAD AND W 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 0.50 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R- I A, "Low Density Residential," to Ocoee C -2, "Community Commercial" 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement "); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; WHEREAS, pursuant to the provisions of Section 6(13) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; 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 the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement 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 and the JPA Agreement; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Rezoning; 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. AUTHO this Ordinance pursuant to Article and 166, Florida Statutes. UTY The Ocoee City Commission has the authority to adopt VIII of the Constitution of the State of Florida and Chapters 163 SECTION 2. REZONING The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 0.50 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R -lA, "Low Density Residential," to Ocoee C -2, "Community Commercial;" 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. 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 2 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 day of 2013. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 4vgiZ he '' 1 y J C lerk n S. Scott Vandergrift, Mayor r'1Jtt,Qa n � t S� b b � (SEAL) , FDR USE AND RELIANCE ONLY BY THE CITY OF OCOEE APPROVED AS TO FORM AND LEGALITY r �- this 1S day of C"jL— 20 �. Shuffield, Lowman & Wilson, P_ A• By: °^�) Ci r ADVERTISED - 1 r 1� , 2013 READ FIRST TIM 2013. READ SECOND TIME AND ADOPTED r' 1 , 2013 UNDER AGENDA ITEM NO �� EXHIBIT "A" LEGAL DESCRIPTION: FROM THE SOUTHWEST CORNER OF THE SOUTHWEST % OF THE NORTHEAST % OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN EAST 425 % FEET FOR A POINT OF BEGINNING; THENCE RUN NORTH 150 FEET, THENCE RUN EAST 200 FEET, THENCE RUN SOUTH 150 FEET, THENCE RUN WEST 200 FEET TO THE POINT OF BEGINNING (LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY). EXHIBIT "B" -5- M ayor S. Scott Vandergrift City Manager Robert frank Commissioners Gary Hood, District I Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel feller, District 4 TO: CLERK/COMPTROLLER ORANGE COUNTY, FLORIDA Post Office Box 38 Orlando, FL 32802 Fees For Recording: FROM: Beth Eikenberry, City Clerk 1St Page c $10.00 City of Ocoee Add'1 Pages = $ 8.50 150 N. Lakeshore Dr. Ocoee, FL 34761 DATE: RE: Instrument Doc Stamps Recording Costs CO- Total \O 4& �& � -ty) �� "�-Ll TOTAL $ SPECIAL INSTRUCTIONS: Please charge to the City of Ocoee, Account # 142, Pin #2363. City of Ocoee - 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3168 • www.ocoee.org