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Home My WebLink AboutOrdinance 92-65 ORDINANCE NO. 92-65 CASE NO. 2-17AR-92: SHARP AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-l, AGRICULTURAL DISTRICT, TO OCOEE, C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF STATE ROAD SO AND BLACKWOOD AVENUE 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 MAP: REPEALING INCONSISTENT ORDINANCES: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City 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- 2, COMMUNITY COMMERCIAL DISTRICT" ("the Initial Zoning"); and 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 Initial Zoning 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-2, COMMUNITY COMMERCIAL 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 WHEREAS, the Ocoee City commission has held a de novo public hearing with official notice thereof with respect to the 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 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, 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 A-1. AGRICULTURAL DISTRICT" to "OCOEE. C-2. COMMUNITY 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 5-1(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 shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this -LL day of DtE:.C6-f11I361!!.., 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA "c' /~ ~1 J Clerk S. (SEAL) ADVERTISED Jj.L(l~ _~ , 1992 READ FIRST TIME ~.DrI.AM.LA) I , 1992 RE~D SECOND TIME AND ADOPTED O~ cC~1l1 /3~ /10 , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPRO:l~~S TO FO~AND ~EGALITY this ~ -" day of c?(~\:;1e("', 1992. ::~EY 67:1; ~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON b&Lb-ntf>u- n , 1992 UNDER AGENDA ITEM NO.)J. ~ ~ ZONING.ORD EXHIBIT "A" CITY OF OCOEE PLANNING DEPARTMENT VERIFIED LEGAL DESCRIPTION FORM The following legal description has been prepared by t.elffi Pv DD I C lC.- and submitted to the City Planning Department for verification. ~<<~ '[v1c&v?~ Signature AUCi . Z/ I { 992- Date APPUCATION REQUEST (OFFICE USE ONLY): FILE NO: 2-17AR-92: LEGAL DESCRIPTION (TO BE TYPED BY APPUCANl): DESCRIPTION: That part of the Northwest 1/4 of the Northeast 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest comer of the Northeast 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida and run S 00029'22" E along the West line of said Northeast 1/4 for a distance of 77.74 feet to the South Right-of-Way line of State Road 50 and the POINT OF BEGINNING; thence continue S 00029'22" E along said West line for a distance of 1210.00 feet; thence run N 89029'05" E along the North Right-of-Way line of Old Winter Garden Road as described in Deed Book 430, Page 36 of the Public Records of Orange County, Florida, for a distance of 1278.13 feet to the West line of those lands described in Official - Record Book 4395, page 778 of said Public Records; thence run the following courses along said West line: N 44037'33" E, 28.35 feet; N 00014'20" W, 205.81 feet to the point of curvature of a curve concave Westerly having a radius of 955.00 feet and a central angle of 02029'55"; thence Northerly along the arc of said curve for a distance of 41.65 feet; thence N 02044'15" W, 644.53 feet to the point of curvature of a curve concave Easterly having a radius of 1045.00 feet and a central angle of 02029'55"; thence Northerly along the arc of said curve for a distance of 45.57 feet; thence N 00014'20" W, 250.18 feet to a point on the South Right-of-Way line of State Road 50; thence leaving said West line run S 89036'30" W along said South Right-of-Way line for a distance of 1282.41 feet to the POINT OF BEGINNING. Containing 35.910 acres more or less and being subject to any rights-of- way, restrictions and easements of record. SHARPE SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-17 AR-92 SHARP AREA: 40.0 ACRES FRO~: ORANGE COUNTY A-1, AGRICULTURAL TO: C-2, COMMUNITY CO~MERCIAL DISTRICT PROPERTY TAX 10: 29-22-28-0000-00015 LAKE BENNET ENCLAVE SUBJECT PARCEL i~ .. UNINCORPORATED OJ-GE COUNTY (FOR ILLUSTRATION PURPOSES ONLY)