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HomeMy WebLinkAboutItem VI (E07) Ordinance No 92-28, Case No. 2-071AR-92: Britt Farms-West - Zoning AGENDA 12-1-92 Item VI E 7 ORDINANCE NO. 92-28 CASE NO. 2-071AR-92: BRITT FARMS—WEST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, a 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 PROPS TY LOCATED AT THE NORTHEAST CORNER OF WEST RANKLIN STREET (PLANT STREET) AND CROWN— POINT CROSS ROAD PURSUANT TO THE APPLICATION SUBMI TED 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 that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission h .s neld 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 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. 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-i, AGRICULTURAL DISTRICT AND A-2, AGRICULTURAL DISTRICT" to "OCOEE, C-2 , COMMUNITY COMMERCIAL 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 5. 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 j 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 , 1992 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1992 READ FIRST TIME , 1992 READ SECOND TIME AND ADOPTED , 1992 . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1992. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1992 By: UNDER AGENDA ITEM NO. City Attorney ZONING.ORD EXHIBIT " A " LAND DESCRIPTION BRITT FARMING COMPANY 25 ACRE OCOEE PROPERTY A portion of Section 13 , Township 22 South , Range 27 East, Orange County , Florida , being more particularly described as follows: BEGIN at the east quarter corner of said Section 13; thence south along the east line of the east one-half (E1/2) of the northeast one-quarter ( NE1/4) of the southeast one-quarter ( 5E1/4 ) of said Section 13 , a distance of 469 feet; thence west along the north right-of-way line of State Road 438 , a distance of 636 feet; thence north along the east right-of-way line of East Crown Point Road , 1756 feet=;' thence east along the south right-of-way line of Palm Drive , 636 feet; thence south along the east line of the east one-half ( E1/2 ) of the southeast one-quarter ( SE1/4 ) of the northeast one-quarter ( NE1/4 ) of said Section 13 , a distance of 1283 feet to the point of beginning . Said lands lying in Orange County , Florida containing 25 acres more or less . • 2-071AR-92: BRITT FARMS-WEST . . , CITY OF OCOEE ZONING PETITION CASE No. 2 - 071AR -- 92: BRITT FARMS WEST AREA: 25 ACRES PROPERTY TAX ID: 13-22-27-0000-00013 PARCEL "A" INITIAL ZONING FROM: ORANGE COUNTY, Al, AGRICULTURA' TO: C-2, COMMUNITY COMMERCIAL DISTRIC 12 7 I I FINIIIMIIII • u '''=111Nr MUM ■ in -mum �i �11■�■II iii �• -: CITY OF ����.■ :::: ■ OCOEE■ �■111110M11 Mii. ! ����■ ■ Lu ■�.■ a. 4V HUNAN ST 0 1111 ft a o EXHIBIT "A` UNINCORPORATED ORANGE COUNTY cc 0 • v