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Home My WebLink AboutOrdinance 93-12 ORDINANCE NO. 93-12 CASE NO. 1-4AR-93: HOLZWORTH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-1, RETAIL COMMERCIAL DISTRICT, TO OCOEE C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF SILVER STAR ROAD AND SECOND STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING HAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the ci ty Commission of the ci ty of Ocoee, Florida has on 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-1, Neighborhood Commercial District ("the Initial zoning") WHEREAS, pursuant to section 5-9 (B) 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 rezoning requested by the Applicant is consistent with the 1991 city of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991 ("the Ocoee Comprehensive Plan"); 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 determined that the Initial zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the ci ty and has recommended to the Ocoee city Commission that the zoning classification of said real property be zoned"Ocoee, C-1, Neighborhood Commercial District", 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, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to proposed Initial Zoning of said real property; and WHEREAS, the Ocoee city Commission has determined that the Initial Zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee ci ty 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, and Chapters 163 and 166, Florida Statutes. SECTION 2. That the zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the city of Ocoee, Florida, is hereby changed from "Orange County C-1, Retail Commercial District" to "Ocoee C-1, Neighborhood Commercial District,": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. That the City Commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendments 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 S-1(G) of Article V of the Ocoee City Code. SECTION 5. 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 effective immediately upon passage and adoption. k~ shall become PASSED AND ADOPTED this day of JULtf , 1993. APPROVED: ATTEST: CITY OF :5~ (SEAL) ADVERTISED May 30, 1993 READ FIRST TIME June 15, 1993 READ SECOND TIME AND ADOPTED .:r UL~ t., nCj~ UNDER AGENDA ITEM NO. V 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this b~ day of :July , 1993. FOLEY & LARDNER qJ~~ City Attorney By: EXHmIT "A" INITIAL ZONING PETITION Case No. 1-4AR-93: HOLZWORTH Tax Parcel ill: 17-22-28-0000-00080 LAND DESCR.IPTION: (PER OFFICIAL RECORD BOOK 3237, PAGE 1161) WEST 120 FEET OF THE FOLLOWING PROPERTY: BEGINNING SO FEET NORTH AND 30 FEET EAST OF SW CORNER OF EAST 1/2 OF SE 1/4 OF NE 1/4 OF SECTION 11, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 176.1 FEET, EAST 240.13 FEET, SOUTH 176.1 FEET, WEST 240.23 FEET TO POINT OF BEGINNING, OAANGE COUNTY, FLORIDA: LESS PROPERTY DEEDED TO STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 686, PAGE 411 AND OFFICIAL RECORDS BOOK G86, PAGE 473, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING ALSO DESCRIBED AS FOLLOWS: (PREPARED BY CEMS CONSULTANTS, INC.) COMMENCE AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF (EI/2) OF THE SOUTHEAST ONE-QUARTER (SEl/4) OF THE NORTHEAST ONE-QUARTER. (NE1/4) OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE NORTH 00.19'42" WEST ALONG THE WEST LINE OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SEl/4) OF THE NORTHEAST ONE-QUARTER (NEI/4) OF SAID SECTION 17, A DISTANCE OF 40.02 FEET; THENCE SOUTH 88.44'42"EAST ALONG A LINE 40.00 FEET NORTH OF AND PAltALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF (El/2) OF THE SOUTHEAST ONE-QUARTER (SEl/4) OF THE NORTHEAST ONE-QUARTER (NEt/') OF SAID SECTION 17, A DISTANCE OF 30.01 FEET TO THE POiNT OF BEGINNING; THENCE NORTH 00.19'42" WEST, 166.16 FEiT; THENCE SOUTH 88-44'42" EAST, 120.05 FEET; THENCE SOUTH 00-19.'42" EAST, 166.16 FEET; THENCE. NORTH SS.'4'42" WESt, 120.05 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.458 ACRES MORE OR LESS INITIAL ZONING PETITION Case No. 1-4AR-93: HOLZWORTH Tax Parcel ID: 17-22-28-0000-00080 tl~ICII AT .... A'" -Jr__ NOT PLAiTED I I , Ii t_ I; lit ,- ,.1 ~~ :\ I; ~\ ,I: :1 - ~I :\ =\ ~J_ l~U~1 " . '\" . ft. . . I \' I, ~ I ~ _I.. rl a:.- reF E~l! ~ U4." lIE ~ _ "44'~r _.. ",lIT . CIlIIWIeIillM .~.I&/I. 1cR'~7~ "~-a;. SILVER STAR ROAD (lilt' '" 1IIT'4-lI&Y1 CIOOI :oneu D tant., D ne. e I V I L ENG I NEER I NG · MAPP I NG · SURVEY I NG _ SILva crAIl AaAD. IlITE 206 IIUIIG. f\JAIDA ..1 PROJECT NO. 177. oas (407] .....722 CAllI fI LE: PEAIIMV. . EXHmIT nAil SIll "' 42' E i2O. (15' fa ... . .. . f>> In .. , fa .. i = "'" .. ..... ..- '" .c ~ ~ " .... Ct ~ .. - - IC&E 11 · W All LI. lID OIl 1W47& III ..,473 .'.u' 4r" 120p OS' I .1 I 4 fMT -U,-CIII/MJ4-' -='111I&7-"". . It., ~ I ~ ..f. ~-\ REVISION DATE DR FBI FIG CK -.