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2022-09 429 Business Center Phase II - RezoningDOC # 20220318259 05/19/2022 10:45 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.2022-09 Phil Diamond, Comptroller Orange County, FL (Rezoning Ordinance for 429 Business Center Phase II) Ret To: CSC INC TAX PARCEL ID#: 18-22-28-0000-00-005,18-22-28-0000-00-106 & 18-22-28-0000-00-105 CASE NO. RZ-22-02-34: 429 Business Center Phase II Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM SINGLE FAMILY DWELLING DISTRICT (R-IA) TO LIGHT MANUFACTURING AND WAREHOUSING DISTRICT (I-1) FOR CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 5.58 ACRES LOCATED ON THE EAST SIDE OF PINE STREET BEGINNING APPROXIMATELY 462 FEET NORTH OF PALM DRIVE AT 701, 707, AND 711 PINE STREET; 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 properties (the "Subject 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 Subject Property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real Subject Property containing approximately 5.58 acres, more particularly described in Exhibit "A" and depicted in Exhibit "B" from R-1 A to I-1; and WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that said Rezoning 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 review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"), acting as the Local Planning Agency; and WHEREAS, on Tuesday, April 12, 2022, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that said Rezoning 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 Subject Property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and 20220318259 Page 2 of 5 WHEREAS, on Tuesday, May 17, 2022, 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 Subject Property described in Exhibit "A" containing approximately 5.58 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-IA to I-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 Ocoee City Commission hereby finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Cleric 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 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. PASSED AND ADOPTED this / Jod/ay of , 2022. 20220318259 Page 3 of 5 ATTEST: . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 1114 day of h^ , 2022. SHUFFIELD LOWMAN & ILSON, P.A. By: City A e APPROVED: CITY OF OCOEE, FLORIDA Rusty 4Johnn, ayor ADVERTISED jjtVIUIV' ii J6, 2022 READ FIRST TIME , 2022. READ SECOND TIME ANb ADOPTED '4 ��% 32022. UNDER'-Au�ENDA ITEM NO. & 20220318259 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION Parcel ID# 18-22-28-0000-00-005, addressed at 701 Pine Street; Parcel ID# 18-22-28-0000-00-106, addressed at 707 Pine Street; and Parcel ID# 18-22-28-0000-00-105, addressed at 711 Pine Street, as further described below: North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 and South 1/2 of Northwest 1/4 of Northeast 1/4 of Northwest 1/4 of Section 18-22-28, Orange County, Florida (LESS West 448 feet of South 100 feet of North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 of section 18- 22-28, and LESS the land lying East of center line of the ditch survey line described as follows: Commence on East line of Northwest 1/4 of section at a point 343.60 feet North of the Southeast corner thereof and run South 89°02'48" West 55.17 feet; thence run North 51 °44' 12" West 996.47 feet; thence run North 0°57'42" West 298.7 feet; thence run North 0°30'18" East 290.02 feet; thence run North 0°46'42" West 255.38 feet; thence run North 07'33'18" East 318.92 feet; thence run North 04°59"18" East 149.98 feet; thence run North 13°21'18" East 152.42 feet; thence run North 02018'42" West 150.80 feet to the North line of said Section 18.) Also LESS the South 20.00 feet of the West 449.00 feet of the above described parcel. Also LESS that portion conveyed to the City of Ocoee by Special Warranty Deed recorded in Instrument Number #20200486135, Public Records of Orange County, Florida. 20220318259 Page 5 of 5 EXHIBIT "B" 429 Business Center Phase II Location Map � (a 4 t }I Y G <7 Nah n Dri�ce� - r i 1 �I :r , 1+ - t •J - - - �) jr1 � lei d� _ ,� j I ao l r� re