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2019-034 VMG Estates PUD - 815 Clarcona Ocoee Road - RezoningDOC # 20190652617 10/17/2019 11:39 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO. 2019-034 Phil Diamond, Comptroller (Rezoning Ordinance for 815 Clarcona Ocoee Road VM Estates PUD)Orange County, FL Ret To: CSC INC TAX PARCEL ID: 08-22-28-0000-00-028 CASE NO. RZ-19-08-10: 815 CLARCONA OCOEE ROAD VMG ESTATES PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING. THE ZONING CLASSIFICATION FROM ORANGE COUNTY. R-1 TO OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-3.89 ACRES LOCATED AT 815 CLARCONA OCOEE ROAD, ON THE EAST SIDE OF N. LAKEWOOD AVENUE (AKA CLARCONA OCOEE ROAD); 103 FEET NORTH OF BURNT TREE COURT; 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 +/-3.89 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from City of Ocoee R-1 to Ocoee PUD (Planned Unit Development); 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 September 10, 2019, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and made a recommendation to the Ocoee City Commission; and 20190652617 Page 2 of 5 WHEREAS, on October 15, 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 +/-3.89 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from City of Ocoee R-1 to Ocoee PUD (Planned Unit Development). 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. 20190652617 Page 3 of 5 PASSED AND ADOPTED this � day of ebbe,-' , 2019. ATTEST: N -"%, , r Melanie Sibbxi,t Cif r FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 1 '5J4 day of r7C-T , , 2019. SHUFFIELD LOWMAN & WILS/ON' P.A. By: City Attorne APPROVED: CITY OF OCOEE, FLORIDA 1 Rusty John n, ayor ADVERTISED r 3 , o w READ FIRST TIME ,rr / , 2019. RE D SECOND TIME AND ADOPTED vehlo /� , 2019. Under Agenda Item No. 20190652617 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION BEGIN AT THE SOUTHWEST CORNER OF THE SW % OF THE SW % OF SECTION 8. TOWNSHIP 22 SOUTH, RANGE 28 EAST. RUN THENCE NORTH ON THE SECTION LINE 280 FEET, THENCE RUN EAST 630 FEET, THENCE RUN SOUTH 280 FEET, THENCE RUN WEST 630 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA, LESS ROAD RIGHT-OF-WAY ON THE WEST. 20190652617 Page 5 of 5 Exhibit "B" Location Map Ander on Place IL lt:t!%.,VUIL d 3 c m > -T0 Q Ct3 n -k Sir -i m m c c Q d