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Home My WebLink AboutOrdinance 2003-41 ORDINANCE NO. 2003-41 CASE NO. AR-02-07-02: West Orange Professional Center Zoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-l, "RETAIL COMMERCIAL DISTRICT" TO OCOEE C-2 "COMMUNITY COMMERCIAL DISTRICT" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 5.494 ACRES LOCATED NORTH OF COLONIAL DRIVE/STATE ROAD 50 APPROXIMATELY 1,750 FEET WEST OF THE INTERSECTION OF CLARKE ROAD AND COLONIAL DRIVE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property annexed into the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2003 - 40 [West Orange Professional Center Annexation Ordinance] have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 5.494 acres of property, as more particularly described in Exhibit "A", from Orange County C-l, "Retail Commercial District", to Ocoee 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, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Director of Community Development has determined that the Rezoning Application is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JP A Agreement"); and WHEREAS, the JP A Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the IP A Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, on September 9,2003 the Planning and Zoning Commission 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 006.311027.1 Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be Rezoned 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 held a de novo advertised public hearing with respect to the proposed rezoning 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, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the Property described on EXHIBIT "A" containing approximately 5.494 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County C-l "Retail Commercial District", to Ocoee C-2 "Community Commercial District." A map of said land herein described which clearly shows the area of rezoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the 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 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. 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 take effect immediately upon passage and adoption. 006.311027.1 2 PASSED AND ADOPTED this !f.!3 day of -/.\) {J L/ (;; M i3 ~ , 2003. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS I ,0 FORM AND LFJ;,ALITY ~ -Y- DAY OF IV l)~ , 2003. ::LY;7flkJtj City Attorney 006.311027.1 APPROVED: :1: ::COEE'~RIDA S. Scott andergrift, Mayor ADVERTISED OCTOBER 9. 2003. READ FIRST TIME OCTOBER 21. 2003, AND CONTINUED TO NOVEMBER 4, 2003. READ SECOND TIM!; AND ADOPTED A/fJ-VCfl1&-iG . J.oo3 UNDER AGENDA ITEM NO. VI fl" 1 . b. 3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.ooo33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET TO A POINT OF BEGINNING THENCE DEPARTING SAID EAST LINE RUN S.90000'00''W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, A DISTANCE OF 145.01 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.ooo33'29"W. 288.01 FEET; THENCE N.90000'00''E. 145.01 FEET; TO THE EAST LINE OF SAID SECTION 20, THENCE S.ooo33'29"E. ALONG THE AFOREMENTIONED EAST LINE 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00033'29''W., ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90000'00''W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 165.01 FEET TO THE POINT OF BEGINNING; THENCE S.90000'00''W, 166.87 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00031'56''W. 288.01 FEET; THENCE N.90000'OO''E. 166.74 FEET; THENCE S.00033'29''E. 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 3: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.ooo33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90000'00''W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 145.01 FEET TO THE POINT OF BEGINNING; THENCE S.90000'OO''W. 20.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, RUN N.00033'29''W. 288.01 FEET; THENCE N.90000'OO''W. 166.74 FEET; THENCE N.ooo3l'56"W. 309.96 FEET; THENCE S.89048'24"E. 331.62 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE S.00033'29''E. ALONG THE AFOREMENTIONED EAST LINE, 308.84 FEET; THENCE DEPARTING SAID EAST LINE RUN N.90000'00''W. 145.01 FEET; THENCE S.00033'29''E. 288.01 FEET TO THE POINT OF BEGINNING. 006.311027.1 4 EXHIBIT "B" West Orange Professional Center location Map 006.311027.1 5