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Home My WebLink AboutOrdinance 92-28 ORDINANCE NO. 92-28 CASE NO. 2-071AR-92: BRITT FARMS-WEST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND A-2, AGRICULTURAL DISTRICT, TO OCOEE, C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF WEST FRANKLIN STREET (PLANT STREET) AND 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 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 City 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 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 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 A-l. AGRICULTURAL DISTRICT" to "OCOEE. R-1-A. SINGLE FAMILY RESIDENTIAL 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 s. 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 ~ day of ./J~""-~.fr-L , 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S~, Je Clerk ( SEAL) ADVERTISED .~.D.l'O JW\.~ .3 , 1992 READ FIRST TIME ~JLr.llhV\'..vI) I , 1992 READ SECOND TIME AND ADOPTED ()t-L~I;6-'R. J'1 , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROV~9J..,AS TO FO~.. AND L~LITY thlS --t-=L- day of ( ~ , 1992. ::~y , p;;;~ ~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON j)f.O::'-M.I3b-R... ~ , 1992 UNDER AGENDA ITEM NO. v L3 ZONING.ORD EXHIBIT "A" LAND DESCRIPTION BARRETT/SOLOMON GROVE PARTNERSHIP PROPERTY PARCEL 1 The northwest one-quarter (NW1/4) of the southwest one- quarter (SW1/4) of Section 5, Township 22 South. Range 28 East lying north of the ACL Railroad right-of-way less the west 30 feet being more particularly described as follows: BEGIN .30 feet east of the west one-quarter (Wl/4) corner of said Section 5; thence South 870 East along the north line of the northwest one-quarter (NWl/4) of the southwest one-quarter (SW1/4) of said Section 5. approximately 525 feet; thence South 750 West along the northerly right-of-way line of the ACL Railroad. approximately 549 feet; thence North 000 East along a line 30 feet east of and parallel with the west line of the northwest one-quarter (NW1/4) of the southwest one- quarter (SW1/4) of said Section 5, approximately 171 feet to the point of beginning. Said lands lying in Orange County, Florida containing approximately 1.0 acres more or less. 2-082AR-92: BARRETT/SOLOMON " . EXHIBIT "A" LAND DESCRIPTION SPORTS INVESTMENTS, INC. PROPERTY PARCEL 5A A portion of the west one-half (Wl/2) of the southwest one-quarter (SW1/4) of the northwest one-quarter (NW1/4) of Section 5, Township 22 South, Range 28 East as described in Official Record Book 4150, Page 3286 of the Public Records of Orange County, Florida being more particularly described as follows: BEGIN at the southwest corner of the west one-half (Wl/2) of the southwest one-quarter (SW1/4) of the northwest one-quarter (NW1/4) of said Section 5; thence North 000 East along the west line of the west one-half (Wl/2) of the southwest one-quarter (SW1/4) of the northwest one- quarter (NW1/4) of said Section 5, a distance of 30 feet; thence North 890 East along the South boundary of the property described in Official Record Book 3974, Page 1521 of the Public Records of Orange County, Florida; 400 feet to the point of beginning; thence South 000 East, 30 feet; thence South 890 West along the south line of the west one-hal f (Wl/2) of the southwest one-quarter (SW1/ 4) of the northwest one-quarter (NWl/4) of said Section 5, approximately 400 feet to the point of beginning. Said lands lying in Orange County, Florida containing approximately 0.3 acres more or less. 2-082AR-92: BARRETT/SOLOMON SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-082AR-92 BARRETT/SOLOMON AREA: 1 ~ 3 ACRES I.. ~ .FROM: ORANGE COUNTY A-1 TO: R-1-At SINGLE FAMILY RESIDENTIAL DISRICT (FOR IllUSTRATION PURPOSES ONLY) _UNINCORPORATED ORANGE COUNTY _I . ....9 ~,,~ l},;. 4"\~~ dC / - ou ~~ ~' ~'J."" ~~ ~~ s~ C~ ~r- . . e:,'V<P~~ O~ . ~/. O)tt, / ~ "",'t- ~ o - / tt, Iqlq ~ en !:: ~ ::I ~ u . tt, 0) / . ~ "",'" ~ o / tt, Iqlq ~