HomeMy WebLinkAboutOrdinance 2003-47
ORDINANCE NO. 2003 - 47
CASE NO. AR-03-02-03: EQUIMAX REALTY, LLC REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-l,
"SINGLE FAMILY DWELLING" TO OCOEE P-S "PROFESSIONAL
OFFICES AND SERVICES" FOR CERTAIN PROPERTY CONTAINING
APPROXIMATELY 0.67 ACRES LOCATED APPROXIMATELY 550
FEET NORTH OF THE INTERSECTION OF MAGUIRE ROAD AND
ROBERSON ROAD ON THE WEST SIDE OF MAGUIRE ROAD
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property within the
corporate limits of the City of Ocoee, Florida have submitted an application to the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
approximately .67 acres of property, as more particularly described in Exhibit "A", from Orange
County R-l "Single Family Dwelling", to Ocoee P-S "Professional Offices and Services"; and
WHEREAS, 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, the JP A Agreement affects the future land use of the real property hereinafter
described; 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 immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, on October 14, 2003 the Planning and Zoning Commission of the City of
Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the
rezoning be approved; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed rezoning of said real property; and
006.299647.1
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041, Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoe~ City Commission 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, for the following described real property containing approximately .67 acres within the
corporate limits of the City of Ocoee, Florida is hereby changed from Orange County R-l
"Single Family Dwelling", to Ocoee P-S "Professional Offices and Services":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL
DESCRIPTION ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF).
A map of said land herein described which clearly shows the area of rezoning is attached
hereto and EXHIBIT "B" and by this reference is made a part hereof.
SECTION 3. OFFICIAL 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 the 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 4. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repeated.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon the passage and adoption.
006.299647.1
2
PASSED AND ADOPTED this ltt ~ay of JJJf>U~M.6t'R..
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND IfEGALITY
This J rf day of fVJ~ ~ , 2003.
,
FO~LARD~.
By: Ur
City Attorney
006.299647.1
,2003.
APPROVED:
CITY OF OCOEE, FLORIDA
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ADVERTISED il\oJe"",\wt {P ,2003 READ
FIRST TIMEcloJt~~ Ll , 2003. READ
~COND TIME AND ADOPTED
oJe..wt6.v l~ ,2003. Under Agenda
Item No. \L.C.1h
3
EXHIBIT "A"
The North 100 feet of South 560 feet of East 330 feet of Southeast 14 of Northeast 14 of Section
31, Township 22 South, Range 28 East, Less the East 40 feet for road right of way, Orange
County, Florida.
006.299647.1
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EXHIBIT "B"
Eq uimax
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