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Home My WebLink AboutItem V (A) Ordinance No 93-12, realting to Case No 1-4AR-93: Holzworth, Rezoning AGENDA 7-6-93 Item V B ORDINAN EfNO. 93-12 CASE NO. 1-4AR-93: HOLZWORTH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-1, RETAIL COMMERCIAL DISTRICT, TO OCOEE C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF SILVER STAR ROAD AND SECOND STREET PURSUANT TO THE APPLICATION SUBMITTED 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-i, Neighborhood Commercial District ("the Initial Zoning") 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 rezoning 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-1, Neighborhood Commercial District", 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 has held a de novo public hearing with official notice thereof with respect to 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 C-1, Retail Commercial District" to "Ocoee C-1, Neighborhood 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 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 , 1993 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED May 30, 1993 READ FIRST TIME June 15, 1993 READ SECOND TIME AND ADOPTED UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1993. FOLEY & LARDNER By: City Attorney 06,•10/93 09:56 '$`407 643 1743 FOLEY & LUZD\ER �011/orT LAND OEScaIPTIOIC EXHIBIT A 1 LI° THE WEST 150.01 FEET LESS THE WEST 30.01 FEET OP THE NORTH 206.11 PEET LESS ?HE 800TH 30.01 FEET OF THE 500THEA8T 1/4 OP TEE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 of SECTION 17, TOWNSHIP 22 SOUTH. RANGE 29 EAST AS DESCRIBED IN PUBLIC RECORDS OP ORANGE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT 29.19 FEET EAST OF AND 30.00 FEET NORTH OF THE SOUTHWEST CORNER OP THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF AFCRFJ48HTIONED SECTION 17, SAID POINT LTINC ON THE INTERSECTION OP THE EASTERLY AND NORTHERLY RIGHTS OF WAY LINES FOR s SECOND STREET AND SHIVER STAR ROAD (STATE ROAD #436) RESPECTIVELY. NUN 176.10 PEET. 1101 35'00"W ALONG THE EAjTERLY MR? OF WAY LINE OF lECOND STREET: THENCE 120.00 PEET. N90 00'00"E: THENCE 176.10. '\ 501 35'00"E TO THE NORTHERLY RICHT OF WAY LINE or SILVER STAR ROAD: ` THENCE 120.00 FEET: 890'00'10"W ALONG THE NORTHERLY RICHT OF WAY LINE OP SILVER STAR ROAD TO THE POINT OF BEGINNING. CONTAINING o.4as ACRE. SCALE i' • 40' NOTES/LEGEJI0 I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOA AIQIT-OE-WATS.EAS9181TS.OYNER411P OR OTHER INSTALMENTS OF RECORD. 3. BEARINGS SHOW HEREON ARE RELATIVE TO THE SOUTH LINE OF THE LE VA OF THE S.E 1/4 aF THE N.E 1/4 OF SECTION 17-33-28 AS ILEI NE ASSURED M90'00'O'E. 5. ACCORDING TO TWE NATIONAL FLOM INSURANCE PNOGRAM. FLOOD INSURANCE RATE NAPS. COMMUNITY PANEL NO. 120179 0175 C, REVISION DATE JUNE 15. 1964. THIS PROPERTY LIES IN ZONE 'C. °MO I' 11331 PIPE INTERSECTION AT NORM AVENUE o 190'00'00'E i20. 00' o 11590 1114' IRON PIPE FOUND I IN' IRON PIPE A i I-. S 14.1 ... LLI7: O Cf! r ib Na Q i ~ CAa.i. BR La! 747 22 O O a I: to M 4+I .111 = i CO 1 ill ALS FFJ0 P IRON PIPE L0'M..I.rp fL MEM i0Y8T LINE EAST#1.11 �PIM81 WLE O�F N l 64334 .4189 grill.r arr a S90'00'00'W 520.00' T.e'N..0.4 A gTN24 YB(^ •::::.-... • A MOS 11111 M `sitYEA STAR ROAD (OD' RIGST-NF-601 fS„..100771UA/? 5E 114ON*LAW N4 4C-L17-72.21. A_ 1 SW MCI OF THE 61106001.71 110.99' F090 a• Inn 019c LE 1/4 IIP THE LE. U4 EAST 04 C09NHN OF TRE ILL 1/4 OF SELTIO4 17.33-29 SECTION 17-=2.29 CERTIFICATE: .-t • ME HEREBY CERTIFY THAT THE ATTACHED DRAWING IS TRUE AND CORRECT TD THE BEST OF OUR ENOWLEDSE .At_;NZIV—AS PREPARED UNDER OUR DIRECTION IN APRIL 1993. ME FURTHER CERTIFY THAT THIS DRAWING MEETS THE MINIINN:TEC)11ICAL STANDARDS SET. FORTH IN RULE 21HH-6 ADOPTED BY THE F1,ORIDA BOARD OF LAND SURVETORS.PURSUANT TO FLORIDA STA T E "2.9]. . •f � CERTIFIED COACT TO FOR THE FIR(HT '1 IL-IL— . FIRST UNION NATIONAL BANK OF FLORIDA HAY 0 6 T99.1 NILLIAN ,i. LACXItta • - NARL I CX FASSETT, DIVINE C ANTWONY. P.A. PROFESSI OhAL.l,11IO SUAVEYR7 CHICASO TITLE INSURANCE COMPANY ALEC S CEORGINA PERGATE FLDRID:.REiuj(p1F'NlL 433 ` DOr10 GIT -_.______________ :::: _...„DATE 4 , CADO FILE PER Wo CUM Consultants, Ono. 1 REVISION DATE DR FBIPG cx CIVIL ENGINEERING • MAPPING SURVEYING ` Hoo SILVER STAN ROAD, SUITE 305 Dii_u00, FLORIDA 32611 • PROJECT NO.677.001 i407129h4722 LI. NO. 5257 ) `, KimuraH ,ET 4/6/93 ® I 59/57-8 i J 06/10,13 09:57 $407 648 1743 FOLEY & LARDNER 012 017 EXHIBIT " A " CITY OF OCOEE PLANNING DEPARTMENT VERIFIED LEGAL DESCRIPTION FORM The following legal description has been prepared by P a t Bond and submitted to the City Planning Department for verification. 4 Signature April 28 , 1993 Date APPLICATION REQUEST (OFFICE USE ONLY): FILE NO: f` yA42-WHO tzi,,,04r8 • DESCRIPTION (TO BE TYPED BY APPUCANT): The t 150.01 feet less the West 30.01 feet of the North 206.11 -et less the • th 30.01 feet of the Southeast 1/4 of the Southea - /4 of the Northe. 1/4 of Section 17, Township 22 South, R. , 28 East as described in P • 'c Records of Orange County, Flor' •. and being more particularly desc '•ed as follows; From a point 29.18 feet East o d 30.0+ eet North of the Southwest corner of the Southeast 1/4 ,of the • east 1/4 of the Northeast 1/4 of aforementioned Section 17, s. ' • pain ing on the intersection of the Easterly and Norther rights of way '.es for Second Street and Silver Star Road (S . e Road #438) respectiv- run 176.10 feet, N01°35100" along t - asterly right of way line of Se -id Street; thence 20.00 feet, N91°it '00"E; thence 176.10, S01°35'00"E to t - northerly right of • ine of Silver Star Road; thence 120.00 feet. °00'00"'W along e Northerly right of way line of Silver Star Road to the sat o •eginning. Containing 0.485 Acre.