2018-044 Center Street Pond (715 Center Street) - RezoningAN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "LOW-
DENSITY RESIDENTIAL" TO OCOEE R -1A, "LOW-DENSITY
RESIDENTIAL, I$ ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 3.58 ACRES LOCATED ON THE SOUTH SIDE OF
CENTER STREET; 525 FEET EAST OF ORANGE AVENUE; 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 containing approximately
3.58 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County R-1, "Low -Density Residential," to Ocoee R-lA, "Low -Density
Residential; 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint
Planning Area Agreement which has been amended from time to time (the "JPA Agreement");
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
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;
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CASE NO. RZ-18-09-16: City of Ocoee Center Street Pond Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "LOW-
DENSITY RESIDENTIAL" TO OCOEE R -1A, "LOW-DENSITY
RESIDENTIAL, I$ ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 3.58 ACRES LOCATED ON THE SOUTH SIDE OF
CENTER STREET; 525 FEET EAST OF ORANGE AVENUE; 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 containing approximately
3.58 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County R-1, "Low -Density Residential," to Ocoee R-lA, "Low -Density
Residential; 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint
Planning Area Agreement which has been amended from time to time (the "JPA Agreement");
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
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;
20180714361 Page 2 of 5
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice
thereof with respect to the Rezoning; 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 3.58 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-1,
"Low -Density Residential," to Ocoee R -IA, "Low -Density Residential;"
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
JPA 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.
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.
20180714361 Page 3 of 5
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this -'7 ay of l , 2018.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
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ADVERTISED t10YjM&r X02 , 2018
READ FIRST TIME , 2018.
READ SECOND TIME AND ADOPTED
2018 UNDER
AGENDA ITEM NO. /3
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this 4Z�day of „ 2018.
SHUFFIELD, LOWMAN WILSON, P.A.
By:
City o
20180714361 Page 4 of 5
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST %
OF THE NORTHEAST % OF SAID SECTION 17 AND THE NORTHWEST CORNER OF PARCEL 1 AS
DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 1114 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE RUN SOUTH 89156'00" EAST ALONG THE NORTH LINE OF THE
SOUTHWEST % OF NORTHEAST % OF SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 1
A DISTANCE OF 548.50 FEET TO THE NORTHWEST CORNER OF PARCEL 2 AS DESCRIBED IN
OFFICIAL RECORD BOOK 5882, PAGE 114 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE RUNNING SOUTH 89056'00" EAST
ALONG THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST % OF SAID SECTION 17 AND
THE NORTH LINE OF SAID PARCEL 2 A DISTANCE OF 234.00 FEET; THENCE RUN SOUTH 00008'09"
EAST ALONG A LINE PARALLEL TO AND 40.00 FEET WEST OF WHEN MEASURED PERPENDICULAR
TO THE EAST LINE OF SAID PARCEL 2 A DISTANCE OF 400.70 FEET; THENCE LEAVING SAID
PARALLEL LINE RUN SOUTH 89°01'21" WEST A DISTANCE OF 284.00 FEET; THENCE RUN NORTH
00008'22" WEST A DISTANCE OF 137.79 FEET; THENCE RUN NORTH 87044'35" WEST ALONG THE
SOUTH LINE OF PARCEL 1 AS DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 114 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA A DISTANCE OF 157.57 FEET; THENCE LEAVING
THE SOUTH LINE OF SAID PARCEL 1 RUN NORTH 00003'57" EAST A DISTANCE OF 262.06 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTH WEST'/ OF THE NORTHEAST % OF SAID SECTION 17
AND THE NORTH LINE OF SAID PARCEL 1; THENCE RUN SOUTH 89056'00" EAST ALONG THE
NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST % OF SAID SECTION 17 AND THE NORTH
LINE OF SAID PARCEL 1 A DISTANCE OF 206.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 156.135 SQUARE FEET OR 3.58 ACRES, MORE OR LESS.
"EXHIBIT Bit
Location Map 20180714361 Page 5 of 5
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