HomeMy WebLinkAboutOrdinance 2003-04
ORDINANCE NO. 2003-04
PARCEL I.D.: 18-22-28-0000-00-059
CASE NO. RZ-01-07 -01
CABALLERO REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY C-1 "RETAIL
COMMERCIAL DISTRICT" TO CITY OF OCOEE C-2 "COMMUNITY
COMMERCIAL DISTRICT", ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.79 ACRES LOCATED APPROXIMATELY 350 FEET
EAST OF THE INTERSECTION OF WEST SILVER STAR ROAD AND OCOEE-
APOPKA ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING 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;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 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 said real property of Ocoee, from Orange County
C-1 "Retail Commercial District" to City of Ocoee C-2 "Community Commercial District"; and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the
real property hereinafter described and in turn the zoning designation of the subject property;
and
WHEREAS, the City and County have mutually agreed to a Future Land Use
designation of "Commercial" for the subject property via the 3rd Amendment to the Ocoee-
Orange County Joint Planning Area Agreement adopted November 2, 1999; and
WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Community Development
Department Director has reviewed said application and determined that the 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, as amended (the "Ocoee Comprehensive
Plan"); and
WHEREAS, said zoning application was scheduled for review 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 zoning application for consistency with the Ocoee Comprehensive Plan and the
JPA Agreement and has determined that the re-zoning requested by the Applicant, and is
consistent with the Ocoee Comprehensive Plan and the JPA Agreement 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 C-3 "General Commercial District", as requested by the
Applicant, and that the Ocoee City Commission find that the re-zoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and 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 (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 ;3uthority 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. RE-ZONING. The zoning classification, as defined in the Ocoee City Code,
of the following described parcel of land containing approximately 1.79 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County C-1
"Retail Commercial District" to City of Ocoee C-2 "Community Commercial District";
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3. MAP. 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 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City
Commission hereby finds the rezoning of the land described in this Ordinance to be consistent
with the Ocoee Comprehensive Plan and the JPA Agreement.
SECTION 5. 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 amendment 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 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
adoption.
PASSED AND ADOPTED this.1.u:L day of rAN U.tJlRY ,2003.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
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S. Scott Vandergrift, Mayor
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(SEAL)
ADVERTISED DECEMBER 26, 2002
READ FIRST TIME: DECEMBER 17,2002
READ SECOND TIME AND ADOPTED
JANUARY 7,2003
UNDER AGENDA ITEM NO. \IT 1\ '+
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this L day of J~ ,2003.
FOLEY & LARDNER
By:
EXHIBIT A
DESCRIPTION: (AS FURNISHED)
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4, OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 22
EAST, RUN THENCE S88'52'41"E, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4, OF SAID SECTION 18, 352.50
FEET, TO THE POINT OF BEGINNING, lEAVING SAID SOUTH LINE, RUN THENCE N 00'31'25"E, 379.25 FEET, RUN
THENCE S89'35'45"E, 300.00 FEET, TO A POINT ON THE WEST LINE OF LOT 5, PIONEER KEY PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGES 77 THROUGH 86, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, RUN THENCE SOO'11'OO"W, ALONG SAID WEST LINE, 224.00 FEET, THENCE LEAVING SAID WEST Li',E,
RUN THENCE S89'42'28"W, 200.00 FEET, RUN THENCE SOO'07'50"W, 150.00 FEET TO SAID SOUTH LINE OF THE
NORTHEAST 1/4, RUN THENCE S8'52'41"W, ALONG SAID SOUTH LINE, 100.00 FEET, TO THE POINT OF BEGINNING.
LESS THE SOUTH 40.00 FEET FOR ROAD RIGHT OF WAY, PER STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION
RIGHT OF VIA Y MAP SECTION 75250 - 2521 SHEET 1 OF 1.
CONTAINING 77447.8 SOUARE FEET MORE OR LESS
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JOB NO. ASM32557
FIELD DATE 5/21/01
SCALE: ,'= 30'
DRAWN BY: CC
APPROVED BY: GKB
ORA WING FILE #
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