HomeMy WebLinkAbout2018-006 Kelly-West (320 W. Silver Star Road) - Rezoning DOCU 20180182413
03/28/2018 08:47:29 AM Page 1 of 5
Rec Fee: $44.00
• ; Phil Diamond, Comptroller
Orange
To:County,
FL
MBITY OF OCOEE
ORDINANCE NO. 2018-006
(Rezoning Ordinance for 320 W. Silver Star Road) 'III
Notiuto
X11111
TAX PARCEL ID # 18-22-28-8064-00-651
CASE NO. RZ-18-01-01: Kelly-West Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM CITY OF OCOEE R-1,
"RESIDENTIAL" TO CITY OF OCOEE C-2, "COMMERCIAL," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.29
ACRES LOCATED ON THE SOUTH SIDE OF WEST SILVER STAR
ROAD; 300 FEET EAST OF OCOEE APOPKA 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
0.29 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Ocoee R-1, "Residential,"to Ocoee C-2, "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(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;
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. 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 0.29 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-1, "Residential,"
to Ocoee C-2, "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
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.
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SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon ,
passage and adoption.
PASSED AND ADOPTED this Wl°day of Y/7,i/if , 2018.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
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Melanie SibbittCity Clerk Rusty Johns t kd
yor
(SEAL)
FOR USE AND RELI&MCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED )774,/,4 f ,2018
APPRO ED AS TO FORM AND LEGALITY READ FIRST TIME ,,.h , 2018.
thisay of Mp , 2015. READ SECOND TIME AND ADOPTED
SHUFFIELD, LOWMA► & i ► P.A. .4r(0 0.7 ,2018 UNDER
By: - -Y� AGENDA ITEM NO. 3
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EXHIBIT "A"
SIMS SUB F/126 THE E 19.16 FT LOT 65 ALL LOT 66 & W 30.82 FT LOT 67 (LESS S
125 FT & LESS ST RD R/W ON N)
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Exhibit B
Location Map
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