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Home My WebLink About2017-019 4 Locos Taco Restaurant (101 W. Silver Star Road) - Rezoning DOCK 20170354562 06/26/2017 10:46:56 AM Page 1 of 5 Rec Fee: $44.00 Phil Diamond, Comptroller Orange County,, FL MB - Ret To: CITY OF OCOEE is ORDINANCE NO. 2017-019 Rezonin Ordinance for 4 Locos Taco Restaurant 111161R4116*161011111 (Rezoning ) r TAX PARCEL ID: 18-22-28-4100-00-171 CASE NO. RZ-17-03-01: 4 LOCOS TACO RESTAURANT AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-.60 ACRES LOCATED ON THE NORTH SIDE OF W. SILVER STAR ROAD AND 350 FEET WEST OF THE INTERSECTION OF BLUFORD AVENUE AND W. SILVER STAR ROAD FROM R-1AA (RESIDENTIAL) TO C-2 (COMMERCIAL) PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; 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 (the "Applicant") 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 (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately +/-.60 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from R-1AA (Residential) to C-2 (Commercial); and WHEREAS, pursuant to Section 5-9 of Chapter 180 of the City of Ocoee Land Development Code (the "Land Development Code"), the City Planning Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); 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 May 9, 2017, 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, 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 find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on lvtneve , 2017, 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 Land Development Code, of the Property described in Exhibit "A" containing approximately +/-.60 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1AA (Residential) to C-2 (Commercial). A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 Land Development Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This ordinance shall become effective as provided by general law. In accordance with Section 163.3184(12), Florida Statutes, a zoning change approved by the City is contingent upon the related Comprehensive Plan amendment becoming effective. PASSED AND ADOPTED this 2' day of Jtt 7e , 2017. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA l'it,tVIKIL,Nh. , Melanie City Verk Rusty Jo ns•n, Mayor (SEAQ,) ADVERTISED rre. , 2017. READ FIRST TIME �vtn,c (P , 2017. a " " READ SECOND TIME AND ADOPTED � 02e 2017. UNDER AGENDA ITEM NO. /7 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 2al' day of 0-44-1-0 , 2017. SHUFFIELD LOWMAN & WILSON, P.A. By: C. • A ft-717k EXHIBIT "A" (The "Property") RUBEN KEGLERS SUB A/118 LOTS 17 & 18 LYING E OF F M RY (LESS ST RD R/W ON S) (4' 5 ft EXHIBIT "B" Exhibit "B" Location Map B k Y /7" ° cu U Co ch,Ky Spd � ey ' IIL_ --S�hver��tAr Jakevie_ r— Lee \ 7_ H I Ea I