2019-032 8815 Hackney Prairie Road - Rezoning DOC#20190617129
10/03/2019 13:14 PM Page 1
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Rec Fee:$44.00
Deed Doc Tax: $0.00
ORDINANCE NO. 2019-032 Mortgage Doc Tax:$0.00
Intangible Tax: $0.00
(Rezoning Ordinance for Hackney Prairie Road Property— Phil Diamond,Comptroller
8815 Hackney Prairie Road) Orange
To: county,
CSCINCFL
TAX PARCEL ID: 03-22-28-0000-00-071
CASE NO. RZ-19-06-09: Hackney Prairie Road Property—8815 Hackney Prairie Road
Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"RURAL/AGRICULTURAL" TO CITY OF OCOEE A-1, "GENERAL
AGRICULTURAL" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 2.80 ACRES LOCATED ON THE NORTH SIDE
OF HACKNEY PRAIRIE ROAD, APPROXIMATELY 2,683 FEET EAST
OF NORTH CLARKE ROAD, 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 +/- 2.80 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from"Orange County" A-1 to "City of Ocoee" A-1; 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 City Development Services 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 August 13, 2019, 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
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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 October 1, 2019, 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 Ocoee City
Code, of the Property described in Exhibit "A" containing approximately +/- 2.80 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County" A-1 to "City of Ocoee" A-1. 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 Ocoee City 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.
20190617129 Page 3 of 5
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of�i7T 1 '2019.
ATTEST:
Melanie Sibbitt;' City Clerk,
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this' day of C'' . , 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISEIJ�j.O /9 , 2019
READ FIRST TIMF j2*4 jb/,, j a, 2019.
READ gCOND TIME AND ADOPTED
27 h,Gt / 52019.
UNDER AGENDA ITEM NO.
20190617129 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THE N1/2OFW320 FT OFSE1/4 OF NW1/4 OFSW1/4&W20 FT OFS1/2OFW320 FT OF
SE1/4 OF NW1/4 OF SW1.4 & E 20FT OF SW1/4 OF NW1/4 OF SW1/4 SEC 03-22-28 (LESS
N 125 FT & LESS S 30 FT FOR RD RM) PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
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8815 Hackney Prairie Road
Exhibit "B" Map
0
Hackney Prairie Road