Ordinance 2007-013 Rezoning FDOT Surplus Parcel
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ORDINANCE NO. 2007-013
(Rezoning Ordinance for FDOT Surplus Parcel)
INSTR 20070407491
OR BK 09314 PG 3372 PGS=S
"ARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
06/21/2007 02:11:03 PM
REC FEE 44.08
TAX PARCEL ID #s 21-22-28-0000-00-008
CASE NO. RZ-07-01-04: FDOT Surplus Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-2, "COMMUNITY
COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.95 ACRES LOCATED NORTH OF AND
ADJACENT TO COLONIAL DRIVE (S.R. 50) AND APPROXIMATELY
1,280 FEET EAST OF BLACKWOOD AVENUE 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 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 1.95 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-2,
"Community 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 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; and
ORLA_443199.1
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 April 10, 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 , 2007 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 1.95 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-2, "Community 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_ 443199,1
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 \C~ day of (y, c'--)
,2007.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
,~
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Belli Eikenberry, City Clerk '
(SEAL)
ADVERTISED f'\\L~(.,(3 <\ \ 0 ,2007
READ FIRST TIME ~ l~ \ l , 2007.
READ SECOND TIME AND ADOPTED
('<\;~ l5 ,2007.
Under AgenJa Item Nb. ,'~
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO F9RM AND I#PALITY
This 15 dayof /Vlct7 ,2007.
FOLEY&wm~R~
By: 11~ ~
City Attorney
3
ORLA_ 443199.1
Exhibit "A"
Parcell (also known as Borrow Pit No.2) as shown on the Final Judgment entered in the Order
of Take Ledger, Law No. 37747 dated 01/25/1960, also shown on State Road Department Right-
of-Way Map, Section No. 75050-2501 dated 05/01/1959.
A parcel of land in the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 22 South,
Range 28 East;
Described as follows:
Commence at the Southwest comer of said Section 21, and run thence North 00033' West,
353.57 feet for a POINT OF BEGINNING; from said point of beginning continue North 00033'
West, 300 feet; thence North 89027' East, 170 feet; thence South 23059' East, 326.9 feet; thence
South 89027' West, 300 feet to the POINT OF BEGINNING, containing 1.622 acres, more or
less.
Also, Haul Road for Barrow Pit No, 2
The West 50 feet of the North 285 feet of the south 353.57 feet of the Southwest 1/4 of the
Southwest 1/4 of the Southwest 1/4 of said Section 21, containing 0.328 acres, more or less.
4
ORLA_ 443199.1
Exhibit "B"
-
FOOT Surplus Property Annexation and Rezoning
Location Map
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