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Home My WebLink AboutOrdinance 2003-12 ORDINANCE NO. 2003-12 (Rezoning Ordinance For Kent Property) T AX PARCEL ID #s 20-22-28-0000-00-026 20-22-28-0000-00-027 CASE NO. AR-02-07-01 KENT PROPERTY AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "CITRUS RURAL DISTRICT" , TO C-2, "COMMUNITY COMMERCIAL DISTRICT", ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMA TEL Y 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID REZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; PROVIDING DIRECTION TO THE CITY CLERK; 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 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 9.116 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "Citrus Rural District" to C-2, "Community 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 Planning 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 #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement") and 006.287074. -1- WHEREAS, the IPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JP 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, said Rezoning 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 February 26, 2003 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the IP A Agreement 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 the IP A Agreement; and WHEREAS, 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 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; and WHEREAS, the Owner has requested that this Ordinance not become effective until such time as the Owner has conveyed the Property to the Property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. 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, of the following described parcel of land containing approximately 9.116 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "Citrus Rural District", to C-2, "Community Commercial District".p 006.287074. -2- SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of Rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds that the rezoning of said land herein described is consistent with the Ocoee Comprehensive Plan and the IP A Agreement. 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 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 repealed. 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 upon Ordinance No. 2003-11- (Annexation Ordinance for Kent Property) becoming effective according to its terms. 006.287074. -3- PASSED AND ADOPTED this 11- 1ay of M;rl G II , 2003. APPROVED: ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGM~ms -1L DAY OF , 2003 FOL~L~ By: dJ~ City Attorney 006.287074. ADVERTISED March 2 & March 9,2003 READ FIRST TIME March 4, 2003. READ SECOND TIME AND ADOPTED M lt~c.H /8 :uJo3 , UNDER AGENDA ITEM ~O. 17r A-Lb -4- EXHIBIT "A" Legal Description EAST 1/2 OF SOUTHWEST JA OF SOUTHEAST JA OF SOUTHEAST JA, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST V2 OF SOUTHEAST JA OF SOUTHEAST JA OF SOUTHEAST JA, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89028'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST JA OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE NOoo26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89023'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE NOoo23'1O"E A DISTANCE OF 599.28 FEET; THENCE S89009'40"E A DISTANCE OF 664.37 FEET; THENCE SOoo26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. 006.287074. -5- o o 006.287074. EXHmIT "B" . City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case #AR-02-07-01 Location Map ..... ~ s Oc:o.. Community D.velopment Dep,lI'trnent Scale: 1 nah . 1000 'eet o 250 500 750 1000 feet - - I Prirled: hbru~ry20D3 LEGEND C Subject P,operly _ city of Ocoee D Unincoporaled Territory and Other Municlpalnles Lakes and Water Bodies -6-