HomeMy WebLinkAboutOrdinance 95-24
ORDINANCE NO. 95-24
CASE NO. AR-94-09-09: THOMPSONI STILL
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT, TO
OCOEE'S, C-3, GENERAL COMMERCIAL ZONING DISTRICT, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 2.14 ACRES LOCATED ON THE
EAST SIDE OF MARSHALL FARMS ROAD NORTH OF STATE ROAD 50;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS;
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 City Commission of the City of Ocoee, Florida, has as of the date of adoption of this
Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located
in the City of Ocoee, Orange County, Florida as hereinafter described; and
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 to rezone and establish an initial zoning classification for said real property of Ocoee, C-3,
General Commercial Zoning District, (the "Initial Zoning"); and
WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of Ordinances of
the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and
determined that the Initial Zoning requested by the Applicant is consistent with the 1991 City of Ocoee
Comprehensive Plan as set forth in Ordinance #91-28, adopted September 1 8, 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 affects the future land use of the real property hereinafter described; and
WHEREAS, pursuant to the provisions of Section 6(8) of the Joint Planning Area Agreement, the City
has the authority to establish an initial zoning for the lands herein described and to immediately exercise
municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and
WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial
Zoning application for consistency with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement
and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive
Plan and the Joint Planning Area Agreement and is in the best interest of the City and has recommended to
the Ocoee City Commission that the zoning classification of said real property be "C-3, General Commercial
Zoning District,", as requested by the Applicant, and that the Ocoee City Commission find that the Initial
Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the Joint Planning
Area Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof
and with respect to proposed Initial Zoning of said real property; 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. The City Commission of the City of Ocoee, Florida has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida
Statutes.
SECTION 2. The zoning classification, as defined in the Ocoee City Code, of the following described
parcel of land containing approximately 2.14 acres located within the corporate limits of the City of Ocoee,
Florida, is hereby changed from " Orange County, A - 1, Citrus Rural District," to" C- 3, General Commercial
Zoning District,":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 3. A map of said land herein described which clearly shows the area of Initial Zoning is
attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds the Initial Zoning of
the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the Joint
Planning Area Agreement.
SECTION 5. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of
the City of Ocoee in order to incorporate the Initial Zoning amendment 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed and
rescinded.
SECTION 7. 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 J7~ day of (9t:N>N:-Il.., 1995.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED October 1, 1995
READ FIRST TIME September 19, 1995
REAp SECOND TIME AND ADOPTED
VC~O 8cr't /1,/9 q.r
Under Agenda Item No. V t
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APP~OVED AS TO ~~R.~ AND LEGALITY
this -U- day of .'. {,-, 1995.
FOLEY 8I ,!1RDNER
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/ 'Io! ,
b itA.' ? t 'Ji~l:f4/
City Attorney
By:
Thompson/ Still (AR-94-09-09)
On the EJst Side of Marshall Farms. Road: North of Scate Road "SO (2.14 ACRES)
EXIUBJ:T nAn
LEGAL DESCRJ:PTJ:ON
Begin at the Northeast corner of the Southwest 1/4 of the Southeast
1/4 of SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, Orange County,
Florida; run thence West along the North line of the Southwest 1/4
of the Southeast 1/4 of said Section 19, for a distance of 372.35
feet, more or less to the Easterly right of way line of Marshall
Farms Road (Ocoee-Bulah Hard Road); thence South 430 West along
said right of way line 274 feet; thence East 559.14 feet, more or
less to the East line of the Southwest 1/4 of the Southeast 1/4 of
said Section 19; thence North 0033' East, 200.47 feet to the Point
of Beginning.
Exhibit A
Thompson/ Still (AR-94-09-09)
On the East Side of Marshall Farms Road North of State Road 50 (2.14 ACRES)
827 Marshall Fmns Road, Ocoee, Rorida
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Legend:
Case Number: AR.-9+09-09
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Subject
Property
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Ocoee acy
Limits
Orange
County
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Outside of
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North
Exhibit 8