2017-019 4 Locos Taco Restaurant (101 W. Silver Star Road) - Rezoning DOCK 20170354562
06/26/2017 10:46:56 AM Page 1 of 5
Rec Fee: $44.00
Phil Diamond, Comptroller
Orange County,, FL
MB - Ret To: CITY OF OCOEE
is
ORDINANCE NO. 2017-019 Rezonin Ordinance for 4 Locos Taco Restaurant 111161R4116*161011111
(Rezoning ) r
TAX PARCEL ID: 18-22-28-4100-00-171
CASE NO. RZ-17-03-01: 4 LOCOS TACO RESTAURANT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY +/-.60 ACRES LOCATED ON THE
NORTH SIDE OF W. SILVER STAR ROAD AND 350 FEET WEST OF
THE INTERSECTION OF BLUFORD AVENUE AND W. SILVER STAR
ROAD FROM R-1AA (RESIDENTIAL) TO C-2 (COMMERCIAL)
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 +/-.60 acres, more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof, from R-1AA (Residential) to C-2
(Commercial); and
WHEREAS, pursuant to Section 5-9 of Chapter 180 of the City of Ocoee Land
Development Code (the "Land Development Code"), the City Planning 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 May 9, 2017, 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
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consistent with the Ocoee Comprehensive Plan, 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 find that the Rezoning requested by the Applicant is consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on lvtneve , 2017, 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 Land
Development Code, of the Property described in Exhibit "A" containing approximately
+/-.60 acres located within the corporate limits of the City of Ocoee, Florida, is hereby
changed from R-1AA (Residential) to C-2 (Commercial). 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 Land Development 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 as
provided by general law. In accordance with Section 163.3184(12), Florida
Statutes, a zoning change approved by the City is contingent upon the related
Comprehensive Plan amendment becoming effective.
PASSED AND ADOPTED this 2' day of Jtt 7e , 2017.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
l'it,tVIKIL,Nh. ,
Melanie City Verk Rusty Jo ns•n, Mayor
(SEAQ,)
ADVERTISED rre. , 2017.
READ FIRST TIME �vtn,c (P , 2017.
a " " READ SECOND TIME AND ADOPTED
� 02e 2017.
UNDER AGENDA ITEM NO. /7
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this 2al' day of 0-44-1-0 , 2017.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
C. • A ft-717k
EXHIBIT "A"
(The "Property")
RUBEN KEGLERS SUB A/118 LOTS 17 & 18 LYING E OF F M RY (LESS ST RD R/W ON S)
(4'
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EXHIBIT "B"
Exhibit "B"
Location Map
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