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Home My WebLink AboutOrdinance 98-06 ORDINANCE NO, 98-06 CASE NO, AR-97-09-09: VAN LANDINGHAM AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY, A-1, CITRUS RURAL DISTRICT, TO OCOEE, C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2,13 ACRES LOCATED ON MARSHALL FARMS ROAD, APPROXIMATELY 1,550 FEET NORTH OF THE INTERSECTION OF STATE ROAD 50 AND MARSHALL FARMS ROAD 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, C-3, General Commercial 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, C-3, General 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 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 97.93 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, C-3, General 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 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 ,2/~ day of /}f~ 1'- ,1998. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ~~rg~~- (SEAL) ADVERTISED APRIL 2, 1998 READ FIRST TIME MARCH 17, 1998 READ SECOND TIME A~p ADOPTED ----A PI-It., J.( ,J1f'l UNDER AGENDA lTEM NO. VI 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA, APPR~YED AS TO ~~; AND LEGALITY this ~ day of , 1998. ::LEPJ~~ City Attorney ------ - -----'-----r-'. -- -.-..--. - L~H[U i 0> 1.. 'G'C"'''"'{ (':E(-lifLJlRM __ L.l~~)i\lIQUSl.Y ,.r; ---.-----.- ---l'--"-~----'-- /" NO" TH Fu>?T'1 / / lIrJE ,/ rOlllT Of / 1I.JTE~~'-IQt.J ~[O JC~ ") / PLAT OF SUUVEY ~14(,,1' (,. "L_) Sffi'54' 'j 4" w tJIll PllTlED 93')' :t ~\ IUlno NBBO)4'54"E '\\0 18' (TO P Q L) IlU( . IllOCK . BOUNDARY LINE . CFNTER liNE LEGAL DESCRIPTION: THAT PART OF: BEGIN ON THE NORTH BOUNDARY LINE OF THE SOUTHWEST ~ OF THE SOUTHEAST \ OF SECTION 19. TOWNSHIP 22 SOUTH. RANGE 28 EAST. AT A POINT 13 CHAINS AND 43 LINKS FROM THE NORTHWEST CORNER; THENCE SOllTH 43 DEGREES WEST 6 CHAINS AND 46 LINKS; THENCE SOUTII 15 CHAINS AND 30 LINKS TO THE SECTION LINE; THENCE EAST ON THE SECTION LINE 11 CHAINS; THENCE NORTII 20 CHAINS MORE OR LESS TO THE NORTH BOUNDARY OF SAID 40 ACRES; THENCE WEST 6 CHAINS AND 47 LINKS TO THE POINT OF BEGINNING. CONTAINING 20 ACRES MORE OR LESS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGIN AT A POINT 274 FEET SOUTH 41" 55' 07" WEST OF THE INTERSECTION OF THE NORTH FORTY LINE OF THE ABOVE DESCRIBED PROPERTY AND THE SOUTHEAST RIGHT- OF-WAY LINE OF MARSHALL-FARMS ROAD. PREVIOUSLY KNOWN AS OCOEE-BEULAH. HARD ROAD; THENCE NORTH B8'54' 54'EAST TO THE CENTERLINE OF A CERTAIN COUNTY DRAINAGE DITCH. ALSO BEING THE NORTHWEST BOUNDARY OF OCOEE COMMERCIAL PARK. AS RECORDED IN PLAT BOOK 26. PAGES 135 AND 136. PUBLIC RECORDS OF ORANGE COLNTY. FLORIDA. 935 FEET MORE OR LESS; THENCE RUN PARALLEL TO SAID RIGHT-OF WAY LINE. ALONG SAID CENTERLINE OF DITCH SOUTH 41" 55' 07" WEST 137 FEET; THENCE SOUTH 8r 54' 54" WEST TO SAID RIGHT-OF-WAY LINE OF MARSHALL-FARMS ROAD 935 FEET MORE OR LESS; TIIENCE ALONG SAID RIGIIT-OF-WAY LINE NORTH 41' 55' 07' EAST 137.00 FEET TO TilE POINT OF BEGINNING. SAID PROPERTY LYING IN ORANGE COUNTY. FLORIDA. ~ f-'. 0' f-" rt ~ CONTAINING 2.2 ACRES MORE OR LESS. ~55' :t ~ J '~ , ~~~l.~I~~t~ / --...... /1,<::, / /) '/ / Z 7 Me :. " , - NUl ll~IE Of- OCOEE rumTTltP"CHlL PMZK / WW:III PCC, P.CP, PG prnNT OF COMPOUND CURVE PERMANENT CONmOl POINT . PAGE "Exhbit B" "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR. COMMISSIONER S. SCOTI VANDERGRIFT 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761-2258 (407) 656-2322 COMMISSIONERS DANNY HOWELL SCOTI ANDERSON SCOTI A. GLASS NANCY J. PARKER CITY OF OCOEE CITY MANAGER ELLIS SHAPIRO Van Landingham Rezoning to C-3 located at 843 Marshall Farms Road I .~:;Zfit'~1'~. f';r;~~I~!i~.t,;>.;::;, ~.. !'~~1'7'':v Ii": ~~";<:AJ""), ~~K e;t>1 ~ ] ::. ~i7~,;' ~-j:}'i::l' .,~f" <~'\- ~'..,)'~>: 'J.,li'i ~~w-;.~ -- - -~ - --- - - . - - ll~tWll!-n t:-.....- I , ! , , ''';;o,.~_.-:.....-.,,;;,e;=;;:.~.!f o D Lakes N City Limits D Parcel Lines (11/97) N Joint Plannina Boundrv N Utilitv Border A