Ordinance 2009-005 Rezoning for 529 Ocoee-Apopka Road
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DOC I 20090175183 B: 9848 P: 5579
03/25/2009 01:02:07 PM Page 1 of 5
Rec Fee: $44.00 Doc Type: GOVR
Martha O. Haynie, Comptroller
Orange CountY6 FL
MB - Ret To: COEE
ORDINANCE NO. 2009-005
(Rezoning Ordinance for 529 Ocoee-Apopka Road)
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TAX PARCEL ID #s 18-22-28-0000-00-083;
CASE NO. RZ-08-07-05: 529 OCOEE-APOPKA ROAD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-l, "NEIGHBORHOOD
SHOPPING" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMA TEL Y 0.91 ACRES LOCATED EAST OF AND ADJACENT
TO OCOEE-APOPKA ROAD AND APPROXIMA TEL Y 1790 FEET
NORTH OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; 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 contammg
approximately 0.91 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Orange County A-I, "General Agricultural" to Ocoee C-l,
"Neighborhood Shopping;" 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 "JP A 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 exercise
municipal jurisdiction over said real property for the PUrp0"'PC;: ...f P::lrt TT of f:hanter 163. Florida
Statutes' and DOC I 20090200973 B: 9854 P: 6843
, 04/07/2009 12:18:04 PM Page 1 of 5
Rec Fee: $44.00 Doc Type: GOVR
Martha O. Haynie, Comptroller
Orange CountY6 FL
MB - Ret To: COEE
ORLA_1199971.2
11/1 ~~~~~i~/~I~II III
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 I="'~I~I IU, 2009, 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 ---f'{\A r (. II 17. 2009 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 0.91 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agricultural" to Ocoee C-l, "Neighborhood Shopping."
SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JP A Agreement.
SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
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ORLA_1199971.2
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this \l day oft'V\afch ,2009.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FO A LEGALITY THIS 17
DAY OF ,2009
FOLEY
By:
ORLA_1199971.2
APPROVED:
CITY OF OCOEE, FLORIDA
S' Sff- V~c.
S. Scott Vandergrift, Mayor'
ADVERTISED AAa.:rch 1,2009
READ FIRST TIME Mrq.(' h ~ ,2009.
REtft SEC~ND TIME AND ADOPTED
tl,rC 17 ,2009 UNDER
AGENDA ITEM NO. =----\2.h--
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EXHIBIT "A"
[Legal Description]
From the North 'i4 comer of Section 18, Township 22 South, Range 28 east, run South along the
'i4 Section line 385.04 feet for a Point of Beginning, run thence S 8T 19' E 202.25 feet; thence S
2041' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2041' W 157.09 feet; thence S 89035'
30" W 234.10 feet to the 1/4 Section line; thence North 203.73 feet to the Point of Beginning less
the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the public records of Orange
County Florida).
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ORLA_1199971.2
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EXHIBIT "B"
529 Ocoee-Apopka Road
Location Map
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