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Home My WebLink AboutItem VI (C) 2 - First Reading of Ordinances. Second Reading and Public Hearing will be held July 6, 1993 at 7:30pmOrdinanace 93-12, realting to case NO 1-4AR-93: Holzworth, Rezoning AGENDA 6-15-93 Item VI C 2 ORDINANCE NO. 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 09:57 1T407 6-18 1743 FOLEY & LARDNER 2012 '017 • EXHIBIT " A " CITY OF OCOEE PLANNING DEPARTMENT VERIFIED LEGAL DESCRIPTION FORM The following legal description has been prepared by Pat Bond and submitted to the City Planning Department for verification. Signature Aoril 28 , 1993 Date APPLICATION REQUEST (OFFICE USE ONLY): FILE NO: i` 4/4 IF-9$/,c Lzwo 7// LEGAL DESCRIPTION (TO BE TYPED 8Y APPLICANT): The West 150.01 feet less the West 30.01 feet of the North 206.11 feet less the South 30.01 feet of the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 22 South, Range 28 East as described in Public Records of Orange County, Florida and being more particularly described as follows: From a point 29.18 feet East of and 30.00 feet North of the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of aforementioned Section 17, said point lying on the intersection of the Easterly and Northerly rights of way lines for Second Street and Silver Star Road (State Road #438) respectively, run 176 .10 feet, N01°35'00" along the Easterly right of way line of Second Street; thence 20.00 feet, N90°00'00"E; thence 176.10, S01°35'00"E to the Northerly right of way line of Silver Star Road; thence 120.00 feet. S90°00'00"W along the Northerly right of way line of Silver Star Road to the Point of Beginning. Containing 0.485 Acre. 06/10.93 09:56 '$`407 643 1743 FOLEY & L-IRDNER CJ 011:1117 EXHIBIT A • LAO OESrnIPTI Ott ' THE REST 150.01 FEET LESS THE WEST 30.01 PEET OP THE NORTH 206.11 LI' PEET, LESS THE SOUTH 90.01 FEET OF THE SOUTHEAST 1/4 OP THE SOUTHEAST 1/4 OF THE NORTREAST 1/4 of SECTION 17, TOWNSHIP 22 SCUM, RANGE 28 EAST AS DESCRIBED IN PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT 29.18 FEET EAST or AND 30.00 FEET NORTH OF THE SOUTHWEST CORNEA OP THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF AFOREMENTIONED SECTION 17, SAID POINT LYING ON THE INTERSECTION 0P THE EASTERLY AND NORTHERLY RIGHTS OF WAY LINES FOR �. SECOND STREET AND 5I11VER STAR ROAD (STATE ROAD 4436) RESPECTIVELY. RUN 176.10 PEET. NO1 75'00"W ALONG THE EASTERLY RICHT OF WAY LINE OF SECOND STREET: THENCE 120.00 PEST. $90 00'00"T:: THENCE 176.10. 50195'00"Z TO THE NORTHERLY RIGHT or WAY LINE OP SILVER STAR ROAD: THENCE 120.00 FEET. 590'00'00"W ALONG THE NORTHERLY RIGHT OF WAY LINE OF SOLVER STAR ROAD TO THE POINT OP BEGINNING. CONTAINING 0.485 ACRE. SCALE !' a 40' NOTES/1E6EN0: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL L LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR AIOIT-OF-WATS.EASFMRITS.OWNERSHIP OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHIM HEREON ARE RELATIVE TO THE SOUTH LINE OF THE S.E 1/4 OF THE S.E 1/4 OF THE N.E i/4 OF SECTION 17-22-28 AS BEING ASSUMED N90'00'00'E 5. ACCORDING TO THE NATIONAL FLOOD IHSlRANCE PROGRAM. FLOOD INSURANCE RATE MAPS, COMMUNITY PANEL NO. 120179 0175 C, REVISION DATE JUNE 15. 1964. THIS PROPERTY LIES IN ZONE 'C'. C FOWL. IRM PIPE mammal LT NQITH IYEME N90'00'00'E !20. 00' ¢FM) 1 1/? IROI PIPE FOND 11/4' IRONPIPE° a 1 WLLIT_ O e0 ui O -4 Wes >c 1U 417� . O p bto • M Cr) • 2 � Z y . .g IIII 450. FOUIC? IROI PIPE —�9.0•IL.1.31L _ QVE391EAD COMER LINE I EAST 21 HP 1\1101031 RILE 0 SETALS1/7>TI1/FOO 4 •4t89 sfr r an a �Q'00'00'K 120.00' 7.r N..0.6•IL g CATH{UMW • s .`..BIMYER STAR ROAD "T 8060 i (Br RIWT-OF-8Afl 15WJU1 UMB 5E J/¢,5E/1/, 114 Sea/742.20 •8.1,/ COOe OF THE 1190'OO'OT E NO.OB' RUC 8• MASS 01St LE 1/4OfTHE&E. UL EMT I/4=NCI OF THE ILE 114 OF SIOTIOR 17-22-25 SECTION 17-22-26 CERT IFI CATE: 0�� ' NE HEREBY CERTIFY THAT THE ATTACHED DAMNS IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE .AITJAZ1 "•AS PREPARED UNDER OUR DIRECTION IN APRIL 1991 NE FURTHER CERTIFY THAT THIS DRAWING NETS THE MINIMUM:TECIPD CAL STANDARDS SET. FORTH IN RULE 2SHH-6 ADOPTED BY THE FLORIDA BUAim OF UID SIATVEYORS,PURSUANT TO FLORIDA STATU C17. • CERTIFIED COPRECT TO FOR THE FIRM Br ` III FIRST UNION NATIONAL BANK OF FLORIDA MAY 0 5 833 WILLIAM.i. LACXIIGI • MARLICX, FASSETT, DIVINE 4 ANTHONY. P.A. CHICAGO TITLE INSURANCE COWART OATS F EDA.RES •T 40 qN $ ''4 ALE( C e'EORSINA PERDOMO sTAA71QN�rNl,4391 7E,• CADO FI IX P RO=I=D DATE OR ` FB/PG 'CO CMS Canon I tante, 0 nc. CIVIL ENG INEER ING • MAPPING • SURVEY ING PROJECT NO 577. 6900 001 SILVER STIR ROAD. SUITE 205 Oii.AN00, FLORIDA 52840 - (4071251 4122 REVISION L 3 N0, SW} \000OIAY SUAYET 118137 EE8 1 57-96 )