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Home My WebLink AboutOrdinance 92-29 ORDINANCE NO. 92-29 CASE NO. 2-072R-92: BRITT FARMS "EAST" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM A-2, SUBURBAN DISTRICT, TO C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT THE NORTH SIDE OF WEST FRANKLIN (PLANT STREET) AND 500 FEET EAST OF CROWN- POINT CROSS ROAD 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 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 change the zoning classification for said real property from "A-2, SUBURBAN DISTRICT" to "C-2, COMMUNITY COMMERCIAL DISTRICT" ; 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 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 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, the Planning and Zoning commission has 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 consistent with the Ocoee Comprehensive Plan 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 changed to "C-2, COMMUNITY 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 rezoning of said real property; and WHEREAS, the Ocoee City commission has determined that the rezoning 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 "A-2. SUBURBAN DISTRICT" to 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 flit! day of ,U6c--&~A&IL, 1992. APPROVED: ATTEST: CITY OF FLORIDA Clerk ( SEAL) ADVERTISED ~~~ 3 , 1992 READ FIRST TIME EJ...Q l'1lJW\~ \ , 1992 READ SECOND TIME AND ADOPTED ~G-~f-1I1 (?Ht. IV , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV'~AS TO FO~D ~GALITY this fJ. day of ~~ 1992. ::~y , [j7 [ fL~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ./.\bCf-fI1l'>6--K IV , 1992 UNDER AGENDA ITEM NO. V- J) , REZONE.ORD EXHIBIT "A" LAND DESCRIPTION BRITT FARMING COMPANY PROPERTY 39 ACRE OCOEE PARCEL The south one-half (51/2) of the northwest one-quarter (NW1/4) of the southwest one-quarter (SW1/4) of tlll~ northwest one-quarter (NW1/4) and the south one-half (51/2) of the southwest one-quarter (SW1/4) of the northwest one-quarter (NW1/4) and the northwest one- quarter (NW1/4) of the southwest one-quarter (SW1/4) lying north of State Road 438, of Section 18, Township 22 South, Range 28 East, Orange County, Florida being more particularly described as follows: BEGIN at the southwest corner of the southwest one- quarter (SW1/4) of the northwest one-quarter (NW1/4) of said Section 18; thence North 000 East along the west line of the southwest one-quarter (SW1/4) of the northwest one-quarter (NW1/4) of said Section 18, approximately 990 feet; thence North 900 East along the north line of the south one-half (51/2) of the northwest one-quarter (NW1/4) of the southwest one- quarter (SW1/4) of the northwest one-quarter (NW1/4) of said Section 18, approximately 660 feet; thence South 000 East along the east line of the south one-half (Sl/2) of the northwest one-quarter (NW1/4) of the southwest one-quarter (SW1/4) of the northwest one- quarter (NW1/4) of said Section 18, approximately 330 feet; thence North 900 East along the north line of the south one-half (51/2) of the southwest one-quarter (SW1/4) of the northwest one-quarter (NW1/4) of said Section 18; approximately 660 feet; thence South 000 East along the east line of the south one-half (51/2) of the southwest one-quarter (SW1/4) of the northwest one-quarter (NW1/4) of said Section 18, approximately 660 feet; thence South 000 East along the east line of the northwest one-quarter (NW1/4) of the southwest one- quarter (SW1/4) of said Section 18, approximately 470 feet; thence North 90 0 West along the north r ight-of- way line of State Road 438, approximately 1320 feet; thence North 00 0 East along the west line of the northwest one-quarter (NW1/4) of the southwest one- quarter (SW1/4) of said Section 18, approximately 470 feet to the point of beginning. Said lands lying in Orange County, Florida containing approximately 39 acres more or less. 2-072 R-92: BRITT FARMS-EAST CITY or OCOEE ZONING PETITION CASE No. 2-072R-92: BRITT FARMS EAST AREA: 39 ACRES .:.._:::;~ PROPERTY TAX 10: 18-22-28-0000-00023 PARCEL "8" REZONING FROM: OCOEE oeOEE A~2, SUBUR8AN TO: C-2,COMMUNITY CO~..fMERClAL DISTRICT ~ EXHIBIT "A" - UNINCORPORATED ORANGE COUNTY - .>- ..J :z: o tn LTJ en o Q. Q:: :;) Q. :z: o i= ~ tn ::;) ..J ..J Q:: o L&.. ........