Ordinance 2007-015 Rezoning West 50 Commercial Subdivision
IgIIUII~IIIIIIUI ~IIIIIIIII g IIIIIIII
ORDINANCE NO. 2007-015
(Rezoning Ordinance for West 50 Commercial Subdivision)
INSTR 20070407492
OR BK 09314 PG 337"7 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
~6/21J2~07 02:11:03 PM
REC FEE:. 44.00
T AX PARCEL ID #s 30-22-28-0000-00-006
CASE NO. AR-05-06-24: West 50 Commercial Subdivision
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-3, "GENERAL
COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586
FEET SOUTH OF STATE ROAD 50, AND TO THE EAST AND NORTH
OF THE FLORIDA TURNPIKE PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; 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 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 2.249 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee C-
3, "General 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, 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, pursuant to the provisions of Section 6(B) of the JP A 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
ORLA_381682.1
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 March 13, 2007 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
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on ~ ~~ \ 5 , 2007 the Ocoee City Commission held a de novo
advertised public hearing witli 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 2.249 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agriculture," to Ocoee C-3, "General Commercial." 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 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 ofOcoee 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
2
ORLA_381682.1
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 take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this \.5.- day of lY~
,2007.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
- '!:a~1-v
-L
S. Scott Vandergrift, Mayor \
(SEAL)
ADVERTISED M~, 2007
READ FIRST TIME M.~ \:1. ,2007.
READ SECOND TIME A ADOPTED
MlU:) It)
Under Agenda Item No. ,*
,2007.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND fi1EGALITY
This I r day of at ,2007.
FOLEY"LARDNERLLP ~
By: t/Jr ~
City Attorney
3
ORLA_381682,1
EXHIBIT" A"
Legal Description of Rezoned Area
Commencing at the Northwest corner of Section 30, Township 22 South, Range 28 East, Orange
County, Florida; thence run SOo020'48"E, a distance of 661.32 feet; thence run N89031'31"E, a
distance of 741.79 feet to the Point of Beginning; thence continue Easterly along said line, a
distance of 580.18 feet; thence run S00020' 40"E, a distance of 306.93 feet; thence run
N66056'24"W, a distance of 252.62 feet; thence run N61 051 '30"W, a distance of 363.97 feet;
thence run N42015'55"W, a distance of 42.57 feet to the Point of Beginning.
4
ORLA_381682.1
EXHIBIT "B"
Map of Rezoned Area
West 50 Commercial Subdivision
Annexation & Rezoning Location Map
)~
LJ
FlORIOAS TURNPIKE Ctl RP N
MARSHALl. FARMS
e
ORLA_381682.1
FLORIDAS TURNPIKE
TOMYN
5