HomeMy WebLinkAboutOrdinance 2003-39
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ORDINANCE NO. 2003-39
CASE NO. RZ-OI-06-01: FARAWAY FARMS REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM R-I-AA, SINGLE-FAMILY
DWELLING, TO C-3, GENERAL COMMERCIAL, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 97.93 ACRES LOCATED
SOUTH OF FULLERS CROSS ROAD, WEST OF CLARCONAlOCOEE
ROAD AND EAST OF STATE ROAD 437, PURSUANT TO THE
APPLICA TION 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
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR 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 of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 97.93 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from R-I-AA, Single-Family Dwelling, to C-3, General
Commercial; 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 Community Development 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, 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, on June 11, 2002 the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and recommended to the Ocoee City Commission that the zoning classification of said real
property not be rezoned as requested by the Applicant; and
WHEREAS, on , 2003 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
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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. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VITI of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 97.93 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-I-AA,
Single-Family Dwelling, to C-3, General Commercial. 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. 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 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 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 take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2003.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
S. Scott Vandergrift, Mayor
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(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
this day of ,2003.
FOLEY & LARDNER
By:
City Attorney
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ADVERTISED , 2003
READ FIRST TIME , 2003.
READ SECOND TIME AND ADOPTED
,2003.
Under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Section 7, Township 22 South, Range 28 East, Orange County, Florida
described as follows:
Commence at the North 1/4 corner of aforesaid Section 7; thence South 01022'35" West along
the West line of the Northeast 1/4 of Section 7 for 30.01 feet to the South line of the North 30.00
feet of Section 7 and the southerly right-of-way line of Fullers Cross Rood as shown on Orange
County Bond Project Book Number 5, sheets 5 and 6; thence South 89050'45" East along said
South line and southerly right-of-way line for 1280.94 feet to the East line of the West 1/2 of the
Northeast 1/4 of aforesaid Section 7; thence South 0045'45" West along said East line for
2431.28 feet to the East-West center section line; thence South 87015'02" West along said center
section line for 1359.97 feet to the easterly right-of-way line of Ocoee Apopka Road (formerly
State Road No. 437) as shown in Road Plat Book 1, Pages 119 through 126 of the Public
Records of Orange County, Florida; thence along said easterly right-of-way line the following
courses; run North 16017'16" West for 627.90 feet; thence North 16000'04" West for 1000.00
feet; thence North 15024'56" West for 407.21 feet; thence North 07030'17" West for 548.37 feet
to the South line of the North 30.00 feet of aforesaid Section 7 and the southerly right-of-way
line of Fullers Cross Road; thence South 89057'53" East along said South line and southerly
right-of-way line for 741.45 feet to the Point of Beginning. Containing 97.93 acres, more or less.
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EXHIBIT "B"
Location Map
Legend:
N
W+E
o coee Community
Dey e lopme nt De partm ent
-=- Jdht Planring Area Boundary
. Subject Property
_ City Property
o County Property
s
o 250 500 750 10001250 Feet
-
Printed: May 2002
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