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Home My WebLink AboutOrdinance 98-20 ORDINANCE NO. 98-20 CASE NO. AR-98-06-06: BLANKENSHIP #2 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY, A-1, CITRUS RURAL DISTRICT, TO OCOEE, A-1, GENERAL AGRICULTURE DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.5 ACRES LOCATED ON LAUREN BETH AVENUE, APPROXIMATELY 775 FEET NORTH OF THE INTERSECTION OF NICOLE AVENUE AND LAUREN BETH AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of 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, A-1, General Agriculture District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V 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, 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 (the "JPA Agreement") which affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(8) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; 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 the JPA Agreement and determined that the Initial Zoning requested by the Applicant 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 "Ocoee, A-1, General Agriculture 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 the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning 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 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 6.5 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District, to "Ocoee, A-1, General Agriculture 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 Initial Zoning 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 Initial Zoning of the lands 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 Initial Zoning 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 passage and adoption. PASSED AND ADOPTED this I rz- day of S~'rb1J1~ 1998. APPROVED: CITY OF OCOEE, FLORIDA vAM ATTEST: (SEAL) ADVERTISED AUGUST 20, 1998 READ FIRST TIME AUGUST 18, 1998 R,eAD SECOND TIME ANQADOPTED ~€:P"~MPJd<. I ,C#9 r UNDER AGENDA IT~M NO.]71: A-I{ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS T,~q. ~ t9- LEGALITY this ~ day of , 1998. ::LbQR~N~ City Attorney c:\all_data\ahpdfile\anx-rez\active\blankenship ax rz\advords.doc EXHIBIT "A" The Property DESCRIPTION: THE SOUTH 1/3 OF THE NORTH 112, OF THE SW 1/4, OF THE SW 1/4 (LESS THE WEST 30 FT, THEREOF FOR ROAD RIGHT OF WAY) SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NW CORNER OF THE SW 1/4, OF THE SW 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN ALONG THE WEST LINE OF SAID SW 1/4 OF SW 1/4, AN ASSUMED BEARING OF SOUTH A DISTANCE OF 439.38 FEET TO THE NORTH LINE OF THE S. 113, OF THE N. 1/2 OF SAID SW 1/4 OF SW 1/4; THENCE RUN S.89015'19"E. ALONG SAID NORTH LINE 30.00 FEET TO THE EAST RIGHT OF WAY OF LAUREN BETH AVENUE TO THE POINT OF BEGINNING; THENCE CONTINUE S.89015'19"E. ALONG AFORESAID NORTH LINE 1296.75 FEET TO THE EAST LINE OF SAID SW 1/4 OF SW 1/4; THENCE S.oo40'58''W ALONG SAID EAST LINE 219.78 FEET TO THE SOUTH LINE OF THE S. 1/3 OF THE N. 1/2 OF SAID SW 1/4 OF SW 1/4; THENCE RUN S.89015'24''W. ALONG SAID NORTH LINE 1294.13 FEET TO THE EAST RIGHT OF WAY OF AFORESAID LAUREN BETH AVENUE; THENCE NORTH ALONG SAID RIGHT OF WAY 219.69 FEET TO THE POINT OF BEGINNING: CONTAINING 6.53 ACRES, MORE OR LESS. Exhibit nBft to cmdinanoe#98-20 Blankenship Rezoning #2 Location Map {Case #AR-98-06-06 ~ I " ;;w~&Wt@ "/J~$:~' ,,{@/,j ,-z,;t~;*~/.:@w~~ ~Z'h~;:::;;'~/. 0';-, , ," /,...q'l.;."':1'.&W~~ jM,;z!@j~~ "f- ""' ,,:,,-,"y/',*fflA&t ''/. (?~{W""'0"""" /' 1/"'" /. ;;: 7,..' 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'," _ ____~~ ,f '_'-,........~.::'"....~- -. .' r~t -~,_:~' -'''~= ,.,.,,'":~,,' ..~ [ -~: Legend: - Parcel -028 (Rezoning #2)